Half-Sibling Is Family Member

January 1, 1995

LVT Number: 9369

Landlord sued to evict tenant for staying in the apartment after his lease ended. Tenant's half-brother asked the court to grant him pass-on rights, claiming that the apartment had been his primary residence while he'd lived there with his brother from September 1990 to December 1992. Tenant had moved out in December 1992, and half-brother stayed there. The court ruled for tenant's brother, and dismissed the case. A half-sibling qualifies as a family member under the Rent Stabilization Law, Section 2520.6(o).

Landlord sued to evict tenant for staying in the apartment after his lease ended. Tenant's half-brother asked the court to grant him pass-on rights, claiming that the apartment had been his primary residence while he'd lived there with his brother from September 1990 to December 1992. Tenant had moved out in December 1992, and half-brother stayed there. The court ruled for tenant's brother, and dismissed the case. A half-sibling qualifies as a family member under the Rent Stabilization Law, Section 2520.6(o). Since half-brother had lived with tenant for more than two years, he gets pass-on rights to the apartment.

Ali Baba Hotel Corp. v. Seye: NYLJ, p. 31, col. 3 (12/7/94) (Civ. Ct. NY; Stallman, J)

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