Tenant's Son Can't Remain in Unit After Tenancy Terminated

January 1, 2003

LVT Number: 16325

Facts: Landlord NYCHA sued to evict tenant based on a drug arrest at the building. Tenant consented to a judgment in landlord's favor and agreed to move out. Tenant's son asked landlord for permission to stay in the apartment as a remaining family member. Landlord denied the son's request, and he filed a court appeal, claiming that this was unreasonable. Court: Tenant's son loses. Landlord correctly found that once a tenancy was terminated, no remaining family member had pass-on rights.

Facts: Landlord NYCHA sued to evict tenant based on a drug arrest at the building. Tenant consented to a judgment in landlord's favor and agreed to move out. Tenant's son asked landlord for permission to stay in the apartment as a remaining family member. Landlord denied the son's request, and he filed a court appeal, claiming that this was unreasonable. Court: Tenant's son loses. Landlord correctly found that once a tenancy was terminated, no remaining family member had pass-on rights.

Figueroa v. Hernandez: NYLJ, 12/26/02, p. 19, col. 2 (Sup. Ct. NY; Figueroa, J)

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