Landlord Can Question Tenant's Daughter Before Trial

June 30, 1993

LVT Number: 7098

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The daughter claimed she had pass-on rights to the apartment. She also argued that landlord should have gotten a certificate of eviction from the DHCR before bringing the eviction action. The trial court dismissed landlord's petition, and landlord appealed. The appeals court found that landlord was entitled to question tenant's daughter before trial and before getting any eviction certificate.

Landlord sued to evict rent-controlled tenant's daughter after tenant died. The daughter claimed she had pass-on rights to the apartment. She also argued that landlord should have gotten a certificate of eviction from the DHCR before bringing the eviction action. The trial court dismissed landlord's petition, and landlord appealed. The appeals court found that landlord was entitled to question tenant's daughter before trial and before getting any eviction certificate.

122 East 103 Street Associates v. Albert: NYLJ, p. 28, col. 6 (6/7/93) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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