Old Law Applies

Facts: Rent-controlled tenant lived in an apartment from 1940 until she died in November 1987. Tenant had become ill the prior year, and in April 1986 her daughter-in-law began living in tenant's apartment while also maintaining her own apartment with tenant's son and grandchildren, nine blocks away. In July 1986, the family sold their apartment and moved into tenant's apartment. Before tenant died, landlord sued to evict tenant because the family brought a dog into the apartment in violation of the lease. By the time the case got to court, tenant had died. The family then claimed that they were entitled to pass-on rights to the apartment. Landlord asked the court to rule on the case without a trial. The court refused because there were too many factual questions as to whether the family was ``living with'' tenant when she died. The law regarding pass-on rights changed in December 1990, so landlord again asked the court to rule without trial.Court: The new law doesn't apply to this case. Under the old law, family members of rent-controlled tenants had to show that they'd been ``living with the tenant'' for an unspecified time to get pass-on rights. The law was changed in December 1990 so that occupants now have to show that they lived with tenant for at least two years before tenant died. The new law would result in the family's eviction. Landlord can continue the case only to decide the issue of whether the family was actually living with tenant when she died, as required by the old law.

911 Alwyn Owners Corp. v. Estate of Rosenthal: 598 NYS2d 932 (6/19/92) (Sup. Ct. NY; Cohen, J)