Occupant Didn't Live with Tenant for Two Years

LVT Number: 10327

Landlord sued to evict occupant of rent-stabilized apartment after tenant moved out. Occupant claimed she was a family member entitled to pass-on rights in the apartment. The court ruled for landlord. Landlord presented overwhelming proof that occupant's primary residence was in Maryland. On the other hand, occupant didn't show any proof that she had lived in the apartment as her primary residence with tenant for two years before tenant moved out.

Landlord sued to evict occupant of rent-stabilized apartment after tenant moved out. Occupant claimed she was a family member entitled to pass-on rights in the apartment. The court ruled for landlord. Landlord presented overwhelming proof that occupant's primary residence was in Maryland. On the other hand, occupant didn't show any proof that she had lived in the apartment as her primary residence with tenant for two years before tenant moved out.

420 East Associates v. Estate of Lennon: NYLJ, p. 27, col. 4 (1/18/96) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Wallach, Ross, Williams, JJ)