Tenant's Daughter Lived in Different Apartment

LVT Number: 13985

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The daughter claimed that she had pass-on rights to the apartment. The court ruled against the daughter. She appealed and lost. Although the daughter claimed that she had lived in the apartment with tenant for two years before tenant died, she didn't present any of the customary documents that might prove that. On the contrary, records showed that tenant's daughter lived in another apartment building where she paid for telephone service and utilities.

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The daughter claimed that she had pass-on rights to the apartment. The court ruled against the daughter. She appealed and lost. Although the daughter claimed that she had lived in the apartment with tenant for two years before tenant died, she didn't present any of the customary documents that might prove that. On the contrary, records showed that tenant's daughter lived in another apartment building where she paid for telephone service and utilities. The superintendent in tenant's building also had testified that he never saw tenant's daughter at the building while tenant lived there.

Primrose Mgmt. Co. v. Jaffe: NYLJ, 3/20/00, p. 24, col. 4 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)