Tenant's Daughter Gets Apartment

June 30, 1998

LVT Number: 12450

Landlord sued to evict rent-stabilized tenant's daughter after tenant moved to the Dominican Republic in 1992. The court and appeals court ruled against landlord. Tenant's daughter showed that she moved into the apartment with tenant in 1983 and lived there ever since. Since tenant's daughter had continuously and primarily resided in the apartment, she met the Rent Stabilization Code's pass-on requirement that she live with tenant for two years before tenant vacates the apartment.

Landlord sued to evict rent-stabilized tenant's daughter after tenant moved to the Dominican Republic in 1992. The court and appeals court ruled against landlord. Tenant's daughter showed that she moved into the apartment with tenant in 1983 and lived there ever since. Since tenant's daughter had continuously and primarily resided in the apartment, she met the Rent Stabilization Code's pass-on requirement that she live with tenant for two years before tenant vacates the apartment.

Wittenberg v. Ortega: NYLJ, p. 29, col. 3 (6/5/98) (App. T. 1 Dept.; McCooe, JP, Freedman, Gonzalez, JJ)

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