Rent-Stabilized Tenant's Sister Gets Apartment

May 15, 2019

LVT Number: #30093

Landlord sued to evict rent-stabilized tenant's sister after tenant died. The sister claimed succession rights. The trial court ruled for the sister and dismissed the case. Landlord appealed and lost. The sister showed that she had lived with tenant in the apartment for her entire adult life, including the two-year period immediately before tenant died. The trial court reasonably found that the testimony of landlord's managing agent wasn't credible.

Landlord sued to evict rent-stabilized tenant's sister after tenant died. The sister claimed succession rights. The trial court ruled for the sister and dismissed the case. Landlord appealed and lost. The sister showed that she had lived with tenant in the apartment for her entire adult life, including the two-year period immediately before tenant died. The trial court reasonably found that the testimony of landlord's managing agent wasn't credible. And the sister sufficiently explained why her 2014 New York State non-driver identification card listed a different address for her. This also was just one factor among many to be considered at trial. 

Zevrone Realty Corp. v. Irving: Index No. 571165/18, 2019 NY Slip Op 50587(U) (App. T. 1 Dept.; 4/22/19; Shulman, PJ, Ling-Cohan, Edmead, JJ)

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