Incarceration of Tenant's Son Doesn't Prevent Pass-On Rights

January 1, 1999

LVT Number: 12896

Landlord sued to evict tenant's son after tenant moved out of a rent-stabilized apartment. Tenant's son claimed pass-on rights to the apartment. Landlord argued that tenant's son couldn't have pass-on rights because he'd been in prison. The court ruled for tenant's son. The fact that the son was in prison between 1993 and 1996 didn't prevent him from having pass-on rights. Since he was absent from the apartment during the period before tenant moved out because he was in prison, and not because he had another residence, he could remain in the apartment as a rent-stabilized tenant.

Landlord sued to evict tenant's son after tenant moved out of a rent-stabilized apartment. Tenant's son claimed pass-on rights to the apartment. Landlord argued that tenant's son couldn't have pass-on rights because he'd been in prison. The court ruled for tenant's son. The fact that the son was in prison between 1993 and 1996 didn't prevent him from having pass-on rights. Since he was absent from the apartment during the period before tenant moved out because he was in prison, and not because he had another residence, he could remain in the apartment as a rent-stabilized tenant.

Capsa Realty Corp. v. Bracero: NYLJ, p. 31, col. 6 (12/2/98) (Civ. Ct. Queens; Greenbaum, J)

Topics

More like this