Children Get Pass-On Rights

Landlord sued to evict two adult children of rent-controlled tenants after tenants moved out of the apartment. Landlord and tenants' children each asked the court to rule in their favor without a trial. The court ruled that a trial was necessary to determine the facts. Both sides appealed. The appeals court ruled for tenants' children. Both children grew up in the apartment. Tenants moved out of the apartment in 1991. Between 1989 and 1991, one child was attending college out of state. She returned to the apartment in May 1991. The other child was a senior in high school in 1989 and was in college when tenants moved out. He returned to the apartment upon graduation in 1994. Tenants' children lived in the apartment at all times except for a temporary absence due to school attendance. This didn't interrupt the minimum two-year occupancy period required for pass-on rights. Children didn't move with tenants in 1991 and were over 18 so they didn't have to.

J.D. Realty Assoc. v. Cox: NYLJ, p. 28, col. 1 (10/2/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Davis, JJ)