Nephew Didn't Live with Tenant for Two Years

December 1, 1995

LVT Number: 10186

Landlord sued to evict rent-controlled tenant's nephew after tenant moved out. Nephew claimed that he was entitled to pass-on rights. The court ruled for landlord, and nephew appealed. The appeals court ruled against nephew. Even though nephew may have proved his relationship to tenant, he didn't prove that he had lived in tenant's apartment as his primary residence for the two years right before tenant moved out. The court didn't find nephew believable. And nephew's wife, who he claimed lived in the apartment with him, didn't testify in court.

Landlord sued to evict rent-controlled tenant's nephew after tenant moved out. Nephew claimed that he was entitled to pass-on rights. The court ruled for landlord, and nephew appealed. The appeals court ruled against nephew. Even though nephew may have proved his relationship to tenant, he didn't prove that he had lived in tenant's apartment as his primary residence for the two years right before tenant moved out. The court didn't find nephew believable. And nephew's wife, who he claimed lived in the apartment with him, didn't testify in court.

Llorente v Arias: NYLJ, p. 27, col. 1 (11/16/95) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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