Tenant's Son Didn't Meet Occupancy Requirement

February 1, 2005

LVT Number: 17872

Landlord sued to evict rent-stabilized tenant's son after tenant moved out. The son claimed pass-on rights. The court ruled for landlord. Tenant appealed and lost. Tenant's son didn't prove that he lived in the apartment with tenant for two years before tenant moved out. And tenant's wife had moved out of the apartment before the son moved in.

Landlord sued to evict rent-stabilized tenant's son after tenant moved out. The son claimed pass-on rights. The court ruled for landlord. Tenant appealed and lost. Tenant's son didn't prove that he lived in the apartment with tenant for two years before tenant moved out. And tenant's wife had moved out of the apartment before the son moved in.

3201-13 Park Realty LLC v. Hernandez: NYLJ, 1/13/05, p. 28, col. 4 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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