Tenant's Daughter Claims Pass-On Rights

September 30, 1997

LVT Number: 11796

Landlord sued to evict rent-controlled tenants for nonprimary residence. Landlord asked the court to rule in its favor without a trial. Tenants had moved out of the apartment and made no claim to continued occupancy. But tenants' daughter claimed she had pass-on rights. The court ruled that a trial was required on the issue of pass-on rights to tenants' daughter to determine if the daughter lived in the apartment as her primary residence during the last two years of tenants' occupancy.

Landlord sued to evict rent-controlled tenants for nonprimary residence. Landlord asked the court to rule in its favor without a trial. Tenants had moved out of the apartment and made no claim to continued occupancy. But tenants' daughter claimed she had pass-on rights. The court ruled that a trial was required on the issue of pass-on rights to tenants' daughter to determine if the daughter lived in the apartment as her primary residence during the last two years of tenants' occupancy.

Trump CPS LLC v. Meyer: NYLJ, p. 22, col. 6 (9/3/97) (Civ. Ct. NY; Mills, J)

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