Child Can Claim Pass-On Rights

September 30, 2005

LVT Number: 18371

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant had moved to Florida, but left her 17-year-old son in the apartment so that he could finish high school. Tenant's sister had moved into the apartment to take care of tenant's son. Tenant's son claimed pass-on rights to the apartment. Landlord argued that as a minor, the son couldn't make this claim. The court ruled against landlord. Tenant's son was always listed on income recertification documents and had lived in the apartment since he was born. So he could claim pass-on rights, even though he was a minor.

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant had moved to Florida, but left her 17-year-old son in the apartment so that he could finish high school. Tenant's sister had moved into the apartment to take care of tenant's son. Tenant's son claimed pass-on rights to the apartment. Landlord argued that as a minor, the son couldn't make this claim. The court ruled against landlord. Tenant's son was always listed on income recertification documents and had lived in the apartment since he was born. So he could claim pass-on rights, even though he was a minor. However, a trial was needed to determine the facts.

Borough Park Courts Assocs. v. Mori: NYLJ, 9/21/05, p. 19, col. 3 (Civ. Ct. Kings; Finkelstein, J)

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