Tenant's Sister Lived in New Jersey

May 31, 2000

LVT Number: 14146

Landlord sued to evict rent-stabilized tenant's sister after tenant died. The sister claimed she had pass-on rights because she had lived in the apartment with tenant for at least two years. Landlord claimed that the sister lived in New Jersey. Tenant's sister appealed and lost. She didn't prove that she had moved from New Jersey to primarily reside with tenant, and there was no proof that she lived in the apartment more than eight months before tenant's death.

Landlord sued to evict rent-stabilized tenant's sister after tenant died. The sister claimed she had pass-on rights because she had lived in the apartment with tenant for at least two years. Landlord claimed that the sister lived in New Jersey. Tenant's sister appealed and lost. She didn't prove that she had moved from New Jersey to primarily reside with tenant, and there was no proof that she lived in the apartment more than eight months before tenant's death. Two other tenants also had testified that they hadn't seen her in the building with tenant until he returned from the hospital a few months before he died.

508 Columbus Properties v. Wynn: NYLJ, 5/4/00, p. 29, col. 2 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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