Son of Nonaffiliated Tenant Can't Get Apartment

Landlord Columbia University sued to evict tenant's son after tenant died. Landlord had rented apartment to tenant as an affiliated professor in 1960. Tenant's lease stated that the lease was made on the condition that at all times tenant remain a Columbia staff member. The lease also expressly ended when tenant left the apartment. Tenant's son moved into the apartment shortly before tenant died. He claimed the apartment was rent-controlled and that he had pass-on rights. The trial court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Tenant's son claimed that tenant had worked for Barnard College, not Columbia University, and that, therefore, the lease was set up merely to evade the rent control law. The court found that, although Barnard was a separate corporate entity, other documents showed a long-term administrative affiliation with Columbia University as a whole. Columbia's 1952 agreement with Barnard stated that Barnard's faculty had the same standing as Columbia faculty.

The Trustees of Columbia University in the City of New York v. Tropp: NYLJ, p. 21, col. 3 (2/25/94) (App. T. 1 Dept.; Ostrau, PJ, Miller, Glen, JJ)