Claimed Occupant Lived in Different Apartment

February 1, 2002

LVT Number: 15581

Landlord sued to evict rent-stabilized tenants for nonprimary residence. Tenants admitted they no longer resided primarily in the apartment. But an apartment occupant claimed pass-on rights. The court ruled for landlord, and occupant appealed. The appeals court ruled against occupant. There was no proof that he had lived in the apartment with tenants for two years immediately before they moved out. And, at the same time, occupant was a rent-stabilized tenant of another apartment in the building complex.

Landlord sued to evict rent-stabilized tenants for nonprimary residence. Tenants admitted they no longer resided primarily in the apartment. But an apartment occupant claimed pass-on rights. The court ruled for landlord, and occupant appealed. The appeals court ruled against occupant. There was no proof that he had lived in the apartment with tenants for two years immediately before they moved out. And, at the same time, occupant was a rent-stabilized tenant of another apartment in the building complex.

Metropolitan Life Ins. Co. v. Butler: NYLJ, 1/18/02, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ; Suarez, J)

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