Tenant's Son Didn't Occupy Rent-Controlled Apartment with Tenant

April 30, 2002

LVT Number: 15784

Landlord sued to evict rent-controlled tenant's son after tenant moved out. The son claimed pass-on rights. The court ruled for landlord after a trial, and tenant's son appealed. The appeals court ruled against him. Tenant had moved back into the apartment with her father, the original rent-controlled tenant, in 1962 after the birth of her son and the failure of her marriage. Her son didn't live with her while he was growing up and didn't prove that he moved in with her for at least two years before she moved out of the apartment.

Landlord sued to evict rent-controlled tenant's son after tenant moved out. The son claimed pass-on rights. The court ruled for landlord after a trial, and tenant's son appealed. The appeals court ruled against him. Tenant had moved back into the apartment with her father, the original rent-controlled tenant, in 1962 after the birth of her son and the failure of her marriage. Her son didn't live with her while he was growing up and didn't prove that he moved in with her for at least two years before she moved out of the apartment.

United Hay, LLC v. Grabrovak: NYLJ, 4/26/02, p. 21, col. 2 (App. T.1 Dept.; Davis, JP, Gangel-Jacob, Suarez, JJ)

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