Tenant Can't Assign Lease to Daughter

April 30, 2004

LVT Number: 17291

Landlord sued to evict tenant-owner of a low-income public housing cooperative apartment. Tenant had moved out of the apartment in 1998. Her daughter then lived in the apartment. Tenant claimed that she assigned her proprietary lease to her daughter. Landlord claimed that tenant violated her lease by improper assignment. Landlord claimed that there was no question of fact and asked the court to rule in its favor without a trial. The court ruled against landlord. Landlord appealed and won. The proprietary lease required tenant to use the apartment as her primary residence.

Landlord sued to evict tenant-owner of a low-income public housing cooperative apartment. Tenant had moved out of the apartment in 1998. Her daughter then lived in the apartment. Tenant claimed that she assigned her proprietary lease to her daughter. Landlord claimed that tenant violated her lease by improper assignment. Landlord claimed that there was no question of fact and asked the court to rule in its favor without a trial. The court ruled against landlord. Landlord appealed and won. The proprietary lease required tenant to use the apartment as her primary residence. Once tenant stopped doing so, she couldn't sublet or assign the lease. So tenant's daughter had no pass-on rights. Tenant also didn't comply with the required procedure for requesting permission to transfer the apartment.

167--169 Allen St. HDFC v. Ebanks: NYLJ, 4/23/04, p. 24, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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