Tenants Not Living in Apartment

September 30, 1997

LVT Number: 11798

Landlord sued to evict rent-controlled tenants for nonprimary residence. Tenants' daughter stated that landlords were no longer in the apartment and claimed pass-on rights. Landlord asked the court to rule in its favor without a trial against tenants. Tenants' daughter claimed a trial was needed on all issues, including tenants' primary residence. The court ruled for landlord. Tenants claimed no rights to the apartment. So the court could rule on whether they were primary residents without a trial.

Landlord sued to evict rent-controlled tenants for nonprimary residence. Tenants' daughter stated that landlords were no longer in the apartment and claimed pass-on rights. Landlord asked the court to rule in its favor without a trial against tenants. Tenants' daughter claimed a trial was needed on all issues, including tenants' primary residence. The court ruled for landlord. Tenants claimed no rights to the apartment. So the court could rule on whether they were primary residents without a trial.

Trump CPS LLC v. Meyer: NYLJ, p. 22, col. 6 (9/3/97) (Civ. Ct. NY; Mills, J)

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