Tenant Wasn't Second Successive Pass-On Tenant

May 31, 2006

LVT Number: 18931

Landlord sued rent-stabilized tenant, seeking a ruling that it could charge tenant a vacancy allowance increase under the ETPA. The court ruled against landlord. Landlord appealed and lost. In 1997, the ETPA was amended to permit landlords to charge a vacancy increase to second successive pass-on tenants. At that time, tenant's mother was the rent-stabilized tenant of the apartment. When tenant's mother died, in 2003, tenant got pass-on rights to the apartment. So tenant was the first successive pass-on tenant, and landlord wasn't entitled to a vacancy increase.

Landlord sued rent-stabilized tenant, seeking a ruling that it could charge tenant a vacancy allowance increase under the ETPA. The court ruled against landlord. Landlord appealed and lost. In 1997, the ETPA was amended to permit landlords to charge a vacancy increase to second successive pass-on tenants. At that time, tenant's mother was the rent-stabilized tenant of the apartment. When tenant's mother died, in 2003, tenant got pass-on rights to the apartment. So tenant was the first successive pass-on tenant, and landlord wasn't entitled to a vacancy increase.

Pinewood Assocs., Inc. v. Wilcox: NYLJ, 5/30/06, p. 33, col. 2 (App. Div. 2 Dept.; Florio, JP, Luciano, Spolzino, Fisher, JJ)

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