Tenant's Nephew Can't Remain in Apartment

September 30, 2002

LVT Number: 16135

Landlord sued to evict rent-stabilized tenant's nephew after tenant moved out. The nephew claimed that he was also a tenant and was entitled to remain in the apartment. The court ruled for landlord. The nephew appealed and lost. He wasn't named as cotenant on any renewal lease, and rent was always paid in tenant's name. The nephew also didn't claim pass-on rights. In a prior case, a court ruled that the nephew was tenant's roommate. Tenant's nephew had no right to remain in the apartment after tenant moved out.

Landlord sued to evict rent-stabilized tenant's nephew after tenant moved out. The nephew claimed that he was also a tenant and was entitled to remain in the apartment. The court ruled for landlord. The nephew appealed and lost. He wasn't named as cotenant on any renewal lease, and rent was always paid in tenant's name. The nephew also didn't claim pass-on rights. In a prior case, a court ruled that the nephew was tenant's roommate. Tenant's nephew had no right to remain in the apartment after tenant moved out.

Chris-Mac Co. v. Moscola: NYLJ, 9/9/02, p. 22, col. 2 (App. T.1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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