Son of Tenant Who Moved Out 10 Years Ago Has No Pass-On Rights

October 31, 2009

LVT Number: #22232

Landlord sued to evict rent-stabilized tenant and her son. Landlord claimed that tenant had illegally sublet the apartment to her son. The son admitted that tenant had moved out but claimed pass-on rights. He said that he lived in the apartment together with tenant for many years before she moved out. The court ruled for landlord after a trial. Tenant moved out of the apartment in 1998 but left her son there and continued to pay rent in her name and sign renewal leases in her name. She even appeared in court to defend against a prior nonpayment proceeding landlord had commenced.

Landlord sued to evict rent-stabilized tenant and her son. Landlord claimed that tenant had illegally sublet the apartment to her son. The son admitted that tenant had moved out but claimed pass-on rights. He said that he lived in the apartment together with tenant for many years before she moved out. The court ruled for landlord after a trial. Tenant moved out of the apartment in 1998 but left her son there and continued to pay rent in her name and sign renewal leases in her name. She even appeared in court to defend against a prior nonpayment proceeding landlord had commenced. But tenant didn't notify landlord until March 2008 that she was moving out, when her last renewal lease expired. Since tenant wasn't living with her son in the apartment as her primary residence for at least two years before she gave up her tenancy, the son couldn't claim pass-on rights.

Warren LLC v. Carbello: NYLJ, 10/21/09, p. 27, col. 1 (Civ. Ct. Queens; Birnbaum, J)

Topics

More like this