Tenant's Brother Gets Fees in Pass-On Case

Facts: Landlord sued to evict rent-stabilized tenant's brother after tenant died. Tenant's brother claimed pass-on rights. He said he'd lived in the apartment with tenant for at least eight years before tenant died. The court ruled for tenant's brother, finding that he'd lived with tenant for at least two years before tenant died and so qualified for pass-on rights under the rent stabilization code. Tenant's brother then asked for attorney's fees. Landlord argued that tenant's brother couldn't get attorney's fees because he had no lease with landlord. The trial court and lower appeals court ruled against tenant's brother, and he appealed again. Court:Tenant's brother wins. Real Property Law section 234 gives tenants a reciprocal right to attorney's fees in the event they win an eviction case and their lease provides for attorney's fees to landlord if landlord wins the case. In this case, tenant's lease stated that its terms were binding ''on Owner and You and on those who succeed to the interests of Owner or You by law.'' So tenant's brother could get attorney's fees as tenant's successor in interest.

245 Realty Assocs. v. Sussis: NYLJ, p. 25, col. 3 (6/1/98) (App. Div. 1 Dept.; Wallach, JP, Rubin, Williams, Tom, Andrias, JJ)