Tenant's Daughter Gets Apartment

LVT Number: 14509

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The daughter claimed pass-on rights. The court ruled for tenant's daughter. Landlord appealed and lost. Tenant's daughter showed that the apartment was her primary residence for two years before tenant's death. Tenant listed his daughter as a ''secondary tenant'' in correspondence with DSS. The daughter also produced hospital records and state identification cards listing the apartment as her address.

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The daughter claimed pass-on rights. The court ruled for tenant's daughter. Landlord appealed and lost. Tenant's daughter showed that the apartment was her primary residence for two years before tenant's death. Tenant listed his daughter as a ''secondary tenant'' in correspondence with DSS. The daughter also produced hospital records and state identification cards listing the apartment as her address. While landlord showed certain documents linking the daughter to her boyfriend's apartment on Long Island, landlord didn't show that this address ever became her primary residence.

444 W. 58th Realty v. Barth: NYLJ, 10/11/00, p. 26, col. 1 (App. T.1 Dept.; McCooe, PJ, Gangel-Jacob, Suarez, JJ)