Occupant Claims Pass-on Rights

July 31, 2001

LVT Number: 15152

Landlord sued to evict rent-stabilized tenant's estate executor and apartment occupant. Landlord claimed that the executor violated his obligations by permitting occupant to remain in the apartment after tenant died. The court ruled for landlord, and executor and occupant appealed. The appeals court ruled against them. The executor was allowed to keep the apartment for the remainder of tenant's lease term only to wind up his affairs and not for purposes of permitting another occupant to remain.

Landlord sued to evict rent-stabilized tenant's estate executor and apartment occupant. Landlord claimed that the executor violated his obligations by permitting occupant to remain in the apartment after tenant died. The court ruled for landlord, and executor and occupant appealed. The appeals court ruled against them. The executor was allowed to keep the apartment for the remainder of tenant's lease term only to wind up his affairs and not for purposes of permitting another occupant to remain. Occupant didn't prove she had pass-on rights, and landlord didn't have to wait until the lease ended to recover the apartment from tenant's estate in these circumstances.

ACP 233 E. 70th St. Assocs. LP v. Mourges: NYLJ, 7/16/01, p. 23, col. 5 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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