Granddaughter Can't Get Rent-Controlled Tenant's Apartment

LVT Number: 18955

Landlord sued to evict rent-controlled tenant's granddaughter after tenant died. Granddaughter claimed pass-on rights. The trial court ruled for landlord. Granddaughter appealed and lost. Landlord showed that during the two years before tenant died, the granddaughter had other addresses, in Queens. Tenant's apartment was in Manhattan. The trial court didn't believe that tenant had makeshift sleeping arrangements in the apartment. This was reasonable because tenant had lived in a one-bedroom apartment with a home health aide.

Landlord sued to evict rent-controlled tenant's granddaughter after tenant died. Granddaughter claimed pass-on rights. The trial court ruled for landlord. Granddaughter appealed and lost. Landlord showed that during the two years before tenant died, the granddaughter had other addresses, in Queens. Tenant's apartment was in Manhattan. The trial court didn't believe that tenant had makeshift sleeping arrangements in the apartment. This was reasonable because tenant had lived in a one-bedroom apartment with a home health aide.

Fanny Grunberg & Assocs., LLP v. Hershberger: NYLJ, 6/30/06, p. 35, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Gangel-Jacob, JJ)