Occupant's Immigration Status Doesn't Bar Succession Rights Claim

LVT Number: #30130

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights as a nontraditional family member. Landlord argued that occupant's immigration status prevented him from establishing that he primarily resided in the apartment for two years before tenant died. The court ruled against landlord, who appealed and lost. The occupant's status as an F-1 visa holder wasn't dispositive on his succession claim. Occupant had lived in the U.S.

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Tres Realty LLC v. Yu: 2019 NY Slip Op 29088, NYLJ No. 1528381354 (App. T. 1 Dept.; 4/2/19; Shulman, PJ, Gonzalez, Cooper, JJ)