Tenant's Sister Can't Get Loft Unit

November 1, 2001

LVT Number: 15375

Landlord sued to evict loft tenant's sister after tenant died. The court ruled for landlord, and tenant's sister appealed. She claimed that she was entitled to pass-on rights under the Loft Law. The appeals court ruled against tenant's sister. She didn't claim, in answer to landlord's court petition, that she primarily resided in the loft at any time. And she didn't produce any proof before the lower court. Landlord, on the other hand, showed that during the two years before tenant's death, her sister lived in Suffolk County in a house she owned with her husband.

Landlord sued to evict loft tenant's sister after tenant died. The court ruled for landlord, and tenant's sister appealed. She claimed that she was entitled to pass-on rights under the Loft Law. The appeals court ruled against tenant's sister. She didn't claim, in answer to landlord's court petition, that she primarily resided in the loft at any time. And she didn't produce any proof before the lower court. Landlord, on the other hand, showed that during the two years before tenant's death, her sister lived in Suffolk County in a house she owned with her husband. There was no proof of any connection between tenant's sister and the loft before tenant died.

595 Broadway Assocs. v. Bikman: NYLJ, 10/11/01, p. 18, col. 6 (App. Div.1 Dept.; Nardelli, JP, Tom, Mazzarelli, Saxe, Friedman, JJ)

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