Occupant Didn't Live with Tenant for Two Years

February 1, 2001

LVT Number: 14723

Landlord sued to evict apartment occupant after rent-controlled tenant permanently moved out. The apartment occupant claimed pass-on rights as tenant's family member. The court ruled for landlord. Occupant appealed and lost. Tenant left the apartment on July 17, 1996, when she was hospitalized and didn't move back in. Occupant didn't move into the apartment until July 31, 1996. Occupant didn't live with tenant in the apartment for two years immediately prior to tenant's moving out and so couldn't qualify for pass-on rights.

Landlord sued to evict apartment occupant after rent-controlled tenant permanently moved out. The apartment occupant claimed pass-on rights as tenant's family member. The court ruled for landlord. Occupant appealed and lost. Tenant left the apartment on July 17, 1996, when she was hospitalized and didn't move back in. Occupant didn't move into the apartment until July 31, 1996. Occupant didn't live with tenant in the apartment for two years immediately prior to tenant's moving out and so couldn't qualify for pass-on rights.

Trustees of Columbia University v. Richman: NYLJ, 1/3/01, p. 22, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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