Tenant's Sister May Get Pass-On Rights

September 30, 1997

LVT Number: 11795

Landlord sued to evict tenant for nonpayment of rent. Tenant had moved out, but tenant's sister appeared in court and signed an agreement providing for delay of the eviction if she paid back rent. Tenant's sister had no attorney and represented herself as ``an occupant'' in the agreement. She later asked the court to vacate the agreement after realizing that she may have pass-on rights to the apartment. The court ruled against her, and she appealed.

Landlord sued to evict tenant for nonpayment of rent. Tenant had moved out, but tenant's sister appeared in court and signed an agreement providing for delay of the eviction if she paid back rent. Tenant's sister had no attorney and represented herself as ``an occupant'' in the agreement. She later asked the court to vacate the agreement after realizing that she may have pass-on rights to the apartment. The court ruled against her, and she appealed. The appeals court ruled for tenant's sister in part, by deleting that portion of the agreement describing her as ``an occupant'' of the apartment. Tenant's sister apparently had lived with tenant in the apartment since tenant moved in and may have pass-on rights.

609 W. 151st St., LLC v. Francisco: NYLJ, p. 25, col. 2 (9/30/97) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

Topics

More like this