Brother of Evicted Tenant Can't Get Apartment

September 30, 2005

LVT Number: 18372

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The court issued a judgment in landlord's favor and an eviction warrant. Tenant's brother then asked the court to vacate the judgment and warrant. He lived in the apartment with tenant and claimed pass-on rights. The court ruled against the brother. Under NYCHA rules, if a tenancy is terminated, apartment occupants can't claim remaining family member status or pass-on rights. And NYCHA wasn't required to notify the brother of its case against tenant.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The court issued a judgment in landlord's favor and an eviction warrant. Tenant's brother then asked the court to vacate the judgment and warrant. He lived in the apartment with tenant and claimed pass-on rights. The court ruled against the brother. Under NYCHA rules, if a tenancy is terminated, apartment occupants can't claim remaining family member status or pass-on rights. And NYCHA wasn't required to notify the brother of its case against tenant.

NYCHA v. Lopez: NYLJ, 9/14/05, p. 19, col. 3 (Civ. Ct. Kings; Finkelstein, J)

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