Rent-Stabilized Tenant's Son Has Pass-On Rights

Landlord sued to evict rent-stabilized tenant's son after tenant moved out of the apartment. The son claimed pass-on rights. He said he had lived in the apartment with his mother since 1999. The court ruled for landlord. Tenant's son appealed and won. Evidence at trial showed that tenant and her son both primarily resided in the two-bedroom apartment on a continuous basis from 1999 until tenant moved permanently into a nursing home more than two years later. Although landlord claimed that tenant had moved out by 1999, there was proof that landlord renewed her lease at that time, that she parked her car at the building with landlord's permission, and that she stayed in the apartment Mondays through Fridays. Tenant used a house in New Jersey only on weekends, and landlord never sought to evict tenant for nonprimary residence.

Fourth Lenox Terrace Assoc. v. Wilson: NYLJ, 4/20/07, p. 29, col. 2 (App. T. 1 Dept.; McKeon, PJ, Davis, Schoenfeld, JJ)