Tenant's Niece Can't Get Apartment

LVT Number: 10121

Landlord sued to evict rent-controlled tenant's niece after tenant died. The court ruled for landlord, and niece appealed, claiming she lived with tenant and was entitled to pass-on rights. The appeals court ruled against niece. She didn't prove that she had primarily resided in the apartment with tenant during the two years before tenant died. She presented no documents. The managing agent and another tenant also testified that she didn't live there. And there was virtually no electricity used in the apartment during the period in question.

Landlord sued to evict rent-controlled tenant's niece after tenant died. The court ruled for landlord, and niece appealed, claiming she lived with tenant and was entitled to pass-on rights. The appeals court ruled against niece. She didn't prove that she had primarily resided in the apartment with tenant during the two years before tenant died. She presented no documents. The managing agent and another tenant also testified that she didn't live there. And there was virtually no electricity used in the apartment during the period in question.

Ubo Realty Corp. v. Brzezinska: NYLJ, p. 28, col. 4 (10/30/95) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)