Family Member Didn't Live with Tenant in Apartment on Daily Basis

March 1, 1999

LVT Number: 13047

Landlord sued to evict rent-stabilized tenant's family member after tenant died. Tenant's family member claimed she had lived in the apartment with tenant for at least two years before tenant died and so should get pass-on rights. The court ruled against family member, and she appealed. The appeals court also ruled against family member. She had admitted at trial that she was ''constantly coming and going'' and that she wasn't living in the apartment on a daily basis.

Landlord sued to evict rent-stabilized tenant's family member after tenant died. Tenant's family member claimed she had lived in the apartment with tenant for at least two years before tenant died and so should get pass-on rights. The court ruled against family member, and she appealed. The appeals court also ruled against family member. She had admitted at trial that she was ''constantly coming and going'' and that she wasn't living in the apartment on a daily basis.

Royal York Assocs. v. Fabrikant: NYLJ, p. 28, col. 6 (2/4/99) (App. T. 1 Dept.; Freedman, JP, Davis, J)

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