Granddaughter Lived with Tenant for 19 Months

November 1, 2001

LVT Number: 15372

Tenant's granddaughter complained to the DHCR that landlord wouldn't offer her a renewal lease after tenant died. The granddaughter claimed pass-on rights. The DHCR ruled against the granddaughter. She appealed and lost. The Rent Stabilization Code permits pass-ons by family members, including grandchildren, only if they lived in the apartment with tenant for at least two years before tenant died or moved out. The granddaughter admitted that she had lived in the apartment for only 19 months before tenant died. She claimed that the two-year rule was unfair.

Tenant's granddaughter complained to the DHCR that landlord wouldn't offer her a renewal lease after tenant died. The granddaughter claimed pass-on rights. The DHCR ruled against the granddaughter. She appealed and lost. The Rent Stabilization Code permits pass-ons by family members, including grandchildren, only if they lived in the apartment with tenant for at least two years before tenant died or moved out. The granddaughter admitted that she had lived in the apartment for only 19 months before tenant died. She claimed that the two-year rule was unfair. But the code provision was reasonably related to the purpose of requiring family members claiming pass-on rights to show that they have had some permanent connection to the apartment.

Smuller v. DHCR: NYLJ, 10/24/01, p. 23, col. 3 (Sup. Ct. Queens; Thomas, J)

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