Prior Occupant Never Exercised Pass-On Rights

July 31, 2003

LVT Number: 16733

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant had moved out in 1989. After landlord sued in 2002, tenant gave up rights to the apartment. Apartment occupant claimed pass-on rights. A prior occupant had lived with tenant in the apartment from 1985 to 1989. Occupant claimed that he had a relationship with prior occupant as nontraditional family member. The court ruled for landlord. Prior occupant was never declared a tenant and never claimed pass-on rights. So occupant couldn't claim pass-on rights.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant had moved out in 1989. After landlord sued in 2002, tenant gave up rights to the apartment. Apartment occupant claimed pass-on rights. A prior occupant had lived with tenant in the apartment from 1985 to 1989. Occupant claimed that he had a relationship with prior occupant as nontraditional family member. The court ruled for landlord. Prior occupant was never declared a tenant and never claimed pass-on rights. So occupant couldn't claim pass-on rights.

1376 First Corp. v. Shapiro: NYLJ, 7/23/03, p. 19, col. 3 (Civ. Ct. NY; Bedford, J)

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