Tenant's Daughter Moved in After Mother's Death

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The trial court dismissed landlord's petition, and landlord appealed. The appeals court ruled for landlord. Landlord proved that tenant's daughter didn't live in the apartment as her primary residence immediately before tenant died. A year before tenant died, the daughter submitted a statement to landlord saying that only tenant lived in the apartment. Tenant had no identification indicating that she'd lived in the apartment while her mother was still alive. The daughter's W-2 form, application for health benefits, payroll deduction authorization, and motor vehicle registration records all showed a Queens address. Nor did the daughter tell her employer that she'd moved to tenant's apartment until after tenant died.

Lincoln Terrace Associates v. Sorrentino: NYLJ, p. 25, col. 6 (6/10/93) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)