Granddaughter Lived with Tenant for Two Years

June 30, 1998

LVT Number: 12449

Landlord sued to evict rent-controlled tenant's granddaughter after tenant died. Granddaughter claimed she'd lived in the apartment with tenant for at least two years before she died and so was entitled to pass-on rights. Landlord claimed that, during this time, tenant maintained a home in Florida and didn't reside primarily in the apartment. The court ruled for the granddaughter, and landlord appealed. The appeals court ruled against landlord. Tenant's granddaughter showed that tenant was a long-term primary resident who only stayed in Florida during the winter months.

Landlord sued to evict rent-controlled tenant's granddaughter after tenant died. Granddaughter claimed she'd lived in the apartment with tenant for at least two years before she died and so was entitled to pass-on rights. Landlord claimed that, during this time, tenant maintained a home in Florida and didn't reside primarily in the apartment. The court ruled for the granddaughter, and landlord appealed. The appeals court ruled against landlord. Tenant's granddaughter showed that tenant was a long-term primary resident who only stayed in Florida during the winter months.

Rakoff v. Hebert: NYLJ, p. 29, col. 3 (6/5/98) (App. T. 1 Dept.; McCooe, JP, Freedman, Gonzalez, JJ)

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