Tenant's Son Can't Get Rent-Stabilized Apartment

March 31, 2010

LVT Number: #22550

Tenant’s son sued landlord after eviction, claiming that he had pass-on rights to tenant’s rent-stabilized apartment. Among other things, the son claimed special status as a Moorish American and said that the courts had no jurisdiction over him. The court ruled against tenant’s son. Tenant had relocated, and there was no proof the son had lived with her. He had in fact broken into the locked apartment and rented rooms to four other people.

Tenant’s son sued landlord after eviction, claiming that he had pass-on rights to tenant’s rent-stabilized apartment. Among other things, the son claimed special status as a Moorish American and said that the courts had no jurisdiction over him. The court ruled against tenant’s son. Tenant had relocated, and there was no proof the son had lived with her. He had in fact broken into the locked apartment and rented rooms to four other people. And in prior decisions that weren’t appealed, the housing court and the DHCR had already ruled that the son had no succession rights. Tenant’s son had a full chance to present his case in the prior actions, and the issue had already been decided. So he couldn’t sue again for the same relief. And his status as a Moorish American didn’t affect the outcome.

Williams-Bey v. Webster Park Ave. HDFC: NYLJ, 3/10/10, p. 26, col. 1 (Sup. Ct. Bronx; Massaro, J)

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