Tenant's Brother Can't Get Apartment

(Decision submitted by Dena C. Mangini of the Queens law firm of Horing & Welikson, attorneys for the landlord.) Landlord sued to evict tenant for illegal sublet. Subtenant argued that he was tenant's brother and was entitled to pass-on rights because he'd lived in the apartment with tenant. Landlord claimed that brother hadn't lived with tenant for a minimum of two years before tenant moved out. The court ruled for landlord. Brother couldn't prove when tenant had moved out of the apartment, so he couldn't prove that he met the two-year residence requirement for pass-on rights. Tenant never told landlord he was moving out, and brother couldn't show, through any other documentation, that tenant had actually moved out of the apartment.

Savco Realty Co. v. Poluan: L&T Index No. 94571/93 (1/24/95) (Civ. Ct. Queens; George, J) [3-page document]