Co-op Conversion Doesn't Bar Son's Pass-On Rights

Facts: Rent-stabilized tenant lived in building converted to co-op ownership in late 1987 under a noneviction plan. Tenant's son moved in with her in June 1990. Tenant died in April 1993, and her lease expired in October 1993. Landlord then sued to evict tenant's son. The son claimed he was entitled to pass-on rights. The trial court ruled for landlord because the son wasn't a ''non-purchasing tenant.'' The son appealed. Court: The son wins. While landlord argued that public policy should protect co-op shareholders against a decline in the value of their investments, tenant's son claimed that the laws governing co-op conversions and the passalong provisions of the rent stabilization law weren't inconsistent. In a noneviction plan, rent-stabilized and rent-controlled tenants and their eligible family members can remain as tenants and are subject to all the protections provided by rent regulation.

Langdale Owners Corp. v. Lane: NYLJ, p. 35, col. 2 (10/27/95) (App. T. 2 Dept.; Scholnick, JP, Chetta, Paterson, JJ)