Daughter Can't Get Apartment in Co-op Converted Under Eviction Plan

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. Daughter claimed she was entitled to pass-on rights to the apartment. The trial court ruled for tenant, and landlord appealed. Landlord argued that pass-on rights didn't apply here. The building was converted to a cooperative under an eviction plan in 1981. At that time, tenant was a senior citizen who chose not to buy her apartment. By law, she was allowed to remain in the apartment because she was over 62. The appeals court ruled for landlord. At the time of the co-op conversion, tenant's daughter lived with her. But daughter herself wasn't then a senior citizen. Pass-on rights don't apply in this situation. The apartment was, in effect, destabilized at the time of the co-op conversion. The exemption applied only to tenant as an eligible senior citizen. The co-op conversion law made no provision for other family members.

Gordon v. Mellinger: NYLJ, p. 21, col. 1 (3/18/94) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ)