In Third Lenox Terrace Assoc. v. Edwards , Third Lenox Terrace filed an eviction proceeding against Cynthia Edward, a rent-stabilized tenant.
It was undisputed Cynthia moved out of the unit around March of 1998, without telling the landlord. And while she continued to pay the rent -- by way of money orders -- and renewed her lease through October 2005, when the holdover was initiated Cynthia's sister, Linda, claimed "succession rights."
After the New York City Civil Court agreed with Linda and dismissed the case, the landlord appealed to the Appellate Term, First Department.
The AT1 found Linda wasn't entitled to remain in her sister's rent-stabilized unit as a regulated tenant as she hadn't contemporaneously lived in the apartment with her sister for the requisite time frame. (One year for senior citizens/disabled; 2 years for everyone else.)
The AT1 also thought the landlord had been prejudiced because the sisters "purposefully concealed" the fact that Cynthia no longer occupied the unit for some eight years.
There's no fooling the AT1.
For a copy of Appellate Term's decision, please use this link: Third Lenox Terrace Assoc. v. Edwards