Tenant's Son Can Raise Pass-On Claim

July 31, 2006

LVT Number: 19009

Landlord sued to evict rent-stabilized tenant's son after tenant's died. The son claimed pass-on rights. Landlord asked the court to dismiss the son's claim. Tenant's will stated that she was not leaving any part of her estate to her son. The court ruled against landlord. Pass-on rights to a rent-stabilized apartment aren't property rights that tenant possessed and could transfer to her son. So tenant's intent wasn't relevant to whether son had pass-on rights. What mattered was whether the son qualified under the rent stabilization code.

Landlord sued to evict rent-stabilized tenant's son after tenant's died. The son claimed pass-on rights. Landlord asked the court to dismiss the son's claim. Tenant's will stated that she was not leaving any part of her estate to her son. The court ruled against landlord. Pass-on rights to a rent-stabilized apartment aren't property rights that tenant possessed and could transfer to her son. So tenant's intent wasn't relevant to whether son had pass-on rights. What mattered was whether the son qualified under the rent stabilization code.

Central Park West Assocs. v. Seiff: NYLJ, 7/7/06, p. 37, col. 6 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, J)

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