Sister Claims Pass-On Rights After Tenant Transferred to Other Apartment

July 31, 1998

LVT Number: 12530

Landlord NYCHA sued to evict tenant's sister after tenant and her two children transferred to another Housing Authority apartment for personal safety reasons. Tenant's sister claimed she was entitled to pass-on rights as a remaining family member. The court ruled against tenant's sister, and she appealed. The appeals court again ruled against tenant's sister. Under applicable NYCHA regulations, any occupant who remains in an apartment after tenant transfers isn't entitled to a lease as a remaining family member.

Landlord NYCHA sued to evict tenant's sister after tenant and her two children transferred to another Housing Authority apartment for personal safety reasons. Tenant's sister claimed she was entitled to pass-on rights as a remaining family member. The court ruled against tenant's sister, and she appealed. The appeals court again ruled against tenant's sister. Under applicable NYCHA regulations, any occupant who remains in an apartment after tenant transfers isn't entitled to a lease as a remaining family member. The rule is reasonable, since otherwise one family would have more than one apartment after one family member transferred apartments.

NYCHA v. Broome: NYLJ, p. 25, col. 1 (7/14/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Gonzalez, JJ)

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