Tenant's Daughter Gets Rent-Stabilized Apartment

November 12, 2018

LVT Number: #29730

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was tenant's daughter and had lived in the apartment with tenant for at least three years before tenant died in December 2015. The daughter also showed that she was a disabled person as defined under Rent Stabilization Code Section 2523.5(b)(1) and (4), although it was unnecessary to consider that claim since the daughter proved she lived in the apartment with tenant for at least two years before tenant died.

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was tenant's daughter and had lived in the apartment with tenant for at least three years before tenant died in December 2015. The daughter also showed that she was a disabled person as defined under Rent Stabilization Code Section 2523.5(b)(1) and (4), although it was unnecessary to consider that claim since the daughter proved she lived in the apartment with tenant for at least two years before tenant died. The daughter showed that she left her upstate residence and relocated to the apartment to care for tenant who suffered from Alzheimer's disease. 

CDC East 105th Street Realty LP v. Cachola: 61 Misc.3d 133(A), 2018 NY Slip Op 51478(U) (App. T. 1 Dept.; 10/22/18; Gonzalez, JP, Cooper, Edmead, JJ)

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