Grandniece Gets Rent-Stabilized Apartment

March 16, 2016

LVT Number: #26836

Landlord sued to evict rent-stabilized tenant’s grandniece after tenant died. The grandniece claimed succession rights, and the court ruled in her favor. Landlord appealed and lost. The grandniece showed that she and tenant had a loving, close, mother/daughter-type relationship. Grandniece moved in with tenant while she was in junior high school. Tenant raised her, and they did most daily life activities as a family unit. When the grandniece started working, she contributed to household expenses, including rent. Later, after tenant had a stroke, the grandniece took care of tenant.

Landlord sued to evict rent-stabilized tenant’s grandniece after tenant died. The grandniece claimed succession rights, and the court ruled in her favor. Landlord appealed and lost. The grandniece showed that she and tenant had a loving, close, mother/daughter-type relationship. Grandniece moved in with tenant while she was in junior high school. Tenant raised her, and they did most daily life activities as a family unit. When the grandniece started working, she contributed to household expenses, including rent. Later, after tenant had a stroke, the grandniece took care of tenant. The grandniece proved she qualified as a nontraditional family member who qualified for succession rights.

 

 

 

 

PACST 1244-46 1356, LLC v. Swinton: 50 Misc.3d 143(A), 2016 NY Slip Op 50214(U) (App. T. 2 Dept.; 2/23/16; Pesce, PJ, Weston, Solomon, JJ)

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