Tenant's Brother Gets Pass-on Rights

(Decision submitted by Bronx attorney Jeffrey F. Cohen, who represented the tenant.) Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed that he had moved out years earlier and had told landlord. Tenant's brother claimed that he had lived in the apartment with tenant and had pass-on rights. Landlord said he thought tenant's brother was tenant and didn't know tenant had moved out. The court ruled for tenant's brother. Tenant's brother showed substantial documentary proof that he lived in the apartment. Landlord was very active in building management. Landlord didn't dispute the claim of tenant's brother that he came to landlord's office in 1994 to clarify the apartment status. And landlord admitted that he found an old letter from tenant in his files stating that he was moving out. Tenant's brother believably testified that he didn't make himself more known to landlord previously because he didn't know what his rights were.

Thame Realty Assocs. v. Lantigua: L&T Index No. 83795/99 (Civ. Ct. NY 11/11/01; Lau, J) [6-pg. doc.]