Occupant Can Maintain Pass-On Rights Claim in Illegal Sublet Case

July 31, 2009

LVT Number: #22091

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment. Tenant and occupant who landlord claimed was subtenant stated in a bill of particulars that tenant hadn't yet permanently vacated the apartment. At the same time, occupant claimed as a defense to the eviction proceeding that she had pass-on rights to the apartment. Landlord asked the court to strike this defense, since it was inconsistent with occupant's claim that tenant still lived in the apartment. The court ruled for landlord. Occupant appealed and won.

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment. Tenant and occupant who landlord claimed was subtenant stated in a bill of particulars that tenant hadn't yet permanently vacated the apartment. At the same time, occupant claimed as a defense to the eviction proceeding that she had pass-on rights to the apartment. Landlord asked the court to strike this defense, since it was inconsistent with occupant's claim that tenant still lived in the apartment. The court ruled for landlord. Occupant appealed and won. At this stage of the court case, the statement about tenant's status didn't bar occupant from making a succession claim. Whether she was actually entitled to succession rights would be determined at trial.

United East LLC v. Churi: NYLJ, 7/10/09, p. 33, col. 3 (App. T. 1 Dept.; McKeon, JP, Schoenfeld, Heitler, JJ)

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