Husband Can't Get Wife's Rent-Stabilized Apartment

January 1, 2011

LVT Number: #23122

Landlord sued to evict rent-stabilized tenant and her husband after tenant moved out of the apartment. Tenant's husband claimed that he was entitled to pass-on rights. The court denied landlord's request to dismiss this claim without a trial. Landlord appealed and won. The husband claimed that he lived with tenant until she moved out permanently in December 2001. But tenant renewed her lease for two years in May 2003 and paid rent through September 2004. Tenant didn't permanently vacate before her last renewal lease expired in May 2005.

Landlord sued to evict rent-stabilized tenant and her husband after tenant moved out of the apartment. Tenant's husband claimed that he was entitled to pass-on rights. The court denied landlord's request to dismiss this claim without a trial. Landlord appealed and won. The husband claimed that he lived with tenant until she moved out permanently in December 2001. But tenant renewed her lease for two years in May 2003 and paid rent through September 2004. Tenant didn't permanently vacate before her last renewal lease expired in May 2005. And her husband admitted that he didn't live in the apartment during the two years immediately before tenant moved out. So the husband had no succession rights.

Clinton Realty Associates, LLC v. De Los Angeles: 29 Misc.3d 142(A), 2010 NY Slip Op 52178(U), 2010 WL 5129537 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Hunter, JJ)

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