Granddaughter of Rent-Controlled Tenant Has Pass-on Rights

March 31, 2008

LVT Number: #20312

Landlord sued to evict rent-controlled tenant's granddaughter after tenant died. The granddaughter claimed pass-on rights. The court ruled for the granddaughter after a trial and dismissed the case. Landlord appealed and lost. The granddaughter moved into the apartment in 2001 to take care of elderly, infirm tenant. Tenant died in 2004. The granddaughter showed that she lived in the apartment as her primary residence for at least two years immediately before tenant died. Landlord presented little proof to overcome the granddaughter's credible trial testimony.

Landlord sued to evict rent-controlled tenant's granddaughter after tenant died. The granddaughter claimed pass-on rights. The court ruled for the granddaughter after a trial and dismissed the case. Landlord appealed and lost. The granddaughter moved into the apartment in 2001 to take care of elderly, infirm tenant. Tenant died in 2004. The granddaughter showed that she lived in the apartment as her primary residence for at least two years immediately before tenant died. Landlord presented little proof to overcome the granddaughter's credible trial testimony.

Morton Street Associates, LLC v. Volpe: NYLJ, 3/21/08, p. 37, col. 1 (App. T. 1 Dept.; Davis, JP, Schoenfeld, Heitler, JJ)

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