Tenant's Granddaughter Temporarily Relocated to Student Housing

May 31, 2000

LVT Number: 14144

Landlord sued to evict rent-controlled tenant's granddaughter after tenant died. The granddaughter claimed pass-on rights. Landlord claimed that the granddaughter didn't live in the apartment for two years before tenant died. She was living in student housing at Columbia, only a mile from the apartment. Landlord argued that any exemption from the two-year primary residency requirement for pass-on rights based on being at school shouldn't apply in this case because there was obviously no need for the granddaughter to live in student housing when the apartment was nearby.

Landlord sued to evict rent-controlled tenant's granddaughter after tenant died. The granddaughter claimed pass-on rights. Landlord claimed that the granddaughter didn't live in the apartment for two years before tenant died. She was living in student housing at Columbia, only a mile from the apartment. Landlord argued that any exemption from the two-year primary residency requirement for pass-on rights based on being at school shouldn't apply in this case because there was obviously no need for the granddaughter to live in student housing when the apartment was nearby. The court ruled against landlord. There could be other reasons why the granddaughter had to live at school, and a trial was needed to determine the facts.

2500 Broadway LLC v. Kaufman: NYLJ, 5/24/00, p. 27, col. 5 (Civ. Ct. NY; Hoffman, J)

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