Nephew Claims Pass-on Rights

Landlord sued to evict rent-controlled tenant's nephew after tenant died. The nephew claimed pass-on rights to the apartment. Landlord argued that the law was changed in 1997 to exclude nieces and nephews from the list of immediate family members who could claim pass-on rights. Landlord asked the court to grant possession without a trial. The nephew claimed that the change in the law didn't apply because tenant died in 1990. At that time, the law permitted pass-on rights to nephews. The court ruled for tenant's nephew. The change in the law didn't apply retroactively because it took away some tenants' rights. If tenant's nephew could prove at trial that he had lived in the apartment with tenant for at least two years before tenant died, he could claim pass-on rights.

Arbern 125 Eastern Pkwy., LLC v. Armstead: NYLJ, 5/12/04, p. 22, col. 3 (Civ. Ct. Kings; Rodriguez, J)