Granddaughter Who Hid Tenant's Death Gets Pass-On Rights

(Decision submitted by Robin LoGuidice of the Manhattan law firm of Grimble & LoGuidice, LLC, attorneys for the tenant.) Landlord sued to evict rent-stabilized tenant's granddaughter after tenant died. Granddaughter claimed pass-on rights. The court ruled against granddaughter, based on the fact that she hid tenant's death from landlord for two years after tenant died by forging tenant's signature on a renewal lease. Granddaughter appealed and won. Granddaughter proved that she had lived with tenant in the apartment from 1991 until 1999, when tenant died. Granddaughter moved into the apartment to take care of sick tenant. The court found that granddaughter's ''misrepresentations'' after tenant's death were of short duration and caused no harm to landlord. One appeals judge disagreed, stating that pass-on rights aren't automatic. Granddaughter didn't seek pass-on rights. Instead, she hid her occupancy in the apartment from landlord, both before and after tenant died, and forged tenant's signature on two renewal leases. She claimed pass-on rights only when she was caught.

Riverton Assocs. v. Knibb: 2005 NYSlipOp 25552 (App. T. 1 Dept. 12/28/05; Suarez, PJ, Davis, Gangel-Jacob, JJ)