Tenants' Son Can Claim Pass-on Rights in Nonpayment Proceeding

Landlord sued to evict rent-stabilized tenants for nonpayment of rent. The court ruled for landlord based on tenants' failure to answer the court papers. When tenants' son received the marshal's notice of eviction, he asked the court to vacate the default judgment. Tenants' son was disabled with multiple sclerosis. He claimed that tenants had moved to the Dominican Republic and left him in the apartment. He said that he had lived in the apartment with his parents for 30 years before they left. The court ruled for tenants' son, stating that it wouldn't enforce a default judgment against a disabled person who might have tenancy rights. A hearing was needed to determine whether tenants' son had pass-on rights to the apartment. If he did, DSS would pay the $9,000 rent arrears.

Acquisition America v. Diaz: NYLJ, 8/20/08, p. 26, col. 1 (Civ. Ct. NY; Lebovits, J)