Tenant's Daughter Wasn't Disabled

Landlord sued to evict daughter of rent-controlled tenant after tenant died. The daughter claimed pass-on rights. She said she was disabled and had lived in the apartment with tenant for at least one year before tenant died, as required for disabled persons to get pass-on rights. The court ruled for landlord. Daughter appealed and lost. The trial court properly ruled that the daughter's hip dysplasia and related conditions didn't make her a ''disabled person'' within the meaning of the rent control regulations. Although she had some difficulty walking, tenant's daughter didn't show that her impairment substantially limited any major life activity. So daughter had to prove that she'd lived with tenant for two years before tenant died. It was undisputed that daughter didn't meet the two-year residency requirement.

Belnord Realty Assocs., LP v. Joseph: NYLJ, 11/18/05, p. 29, col. 5 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)