Nephew Counts as Family Member Under Old Law

September 30, 1999

LVT Number: 13554

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant had moved out of the apartment some time before 1997. Tenant's nephew claimed pass-on rights to the apartment and showed that he had lived in the apartment with tenant for at least two years before she moved out. Landlord argued that nephew couldn't claim pass-on rights because the rent control law was amended in June 1997 to remove that category of family members from the group entitled to pass-on rights. The court ruled against landlord.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant had moved out of the apartment some time before 1997. Tenant's nephew claimed pass-on rights to the apartment and showed that he had lived in the apartment with tenant for at least two years before she moved out. Landlord argued that nephew couldn't claim pass-on rights because the rent control law was amended in June 1997 to remove that category of family members from the group entitled to pass-on rights. The court ruled against landlord. Tenant moved out before June 1997 and the applicable period for proving pass-on rights in this case was before that time. The amendment to the law didn't apply retroactively.

Vartarian v. Brady: NYLJ, p. 27, col. 6 (9/29/99) (Civ. Ct. NY; Billings, J)

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