Tenant's Son Barred from Apartment Under Order of Protection

(Decision submitted by Joshua C. Price of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Facts: Landlord sued to evict rent-controlled tenant's son after tenant died. The son claimed that he had pass-on rights because he had lived with tenant for more than two years before tenant died. Landlord showed that the son lived with tenant until Jan. 1, 2001. On that night, the son attacked and robbed the 80-year-old tenant. The son was arrested, and tenant obtained a protection order against him from the police. Tenant renewed the protection order continuously until he died, in July 2003. The son was never allowed back into the apartment while tenant was alive. Court: Landlord wins. For more than two years before tenant died, tenant's son was out of the apartment. The son argued that this was merely a temporary relocation. The court ruled that the temporary relocation policy of the rent control law pass-rights provision wasn't meant to apply to this situation.

Nagel v. Landau: Index No. 104642/03 (Civ. Ct. NY; Lau, J 11/4/04) [6-pg. doc.]