Rent-Controlled Tenant Gets Fees in Pass-On Case

May 31, 1997

LVT Number: 11490

Landlord sued to evict occupant after rent-controlled tenant died. Occupant claimed he was family member entitled to pass-on rights. The court ruled for occupant, who then asked for attorney's fees. The court ruled for occupant on the issue of attorney's fees, and landlord appealed. The appeals court ruled against landlord. Under rent control, a ``tenant'' is anyone entitled to possession of the apartment, including occupants who get pass-on rights. These occupants can get attorney's fees under Real Property Law, Section 234, if they sign a lease containing an attorney's fees clause.

Landlord sued to evict occupant after rent-controlled tenant died. Occupant claimed he was family member entitled to pass-on rights. The court ruled for occupant, who then asked for attorney's fees. The court ruled for occupant on the issue of attorney's fees, and landlord appealed. The appeals court ruled against landlord. Under rent control, a ``tenant'' is anyone entitled to possession of the apartment, including occupants who get pass-on rights. These occupants can get attorney's fees under Real Property Law, Section 234, if they sign a lease containing an attorney's fees clause. The situation might be different under rent stabilization, where leases are required.

Classic Properties, L.P. v. Martinez: NYLJ, p. 27, col. 1 (5/27/97) (App. T. 1 Dept.; Ostrau, PJ, Freedman, Davis, JJ)

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