Tenant's Son Gets Apartment

January 1, 2006

LVT Number: 18568

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the tenant.) Landlord sued to evict the son of rent-stabilized tenants after they moved out of the apartment. The son claimed pass-on rights. The court ruled for tenants' son. Landlord appealed and lost. Tenants' son showed that he had lived in the apartment as his primary residence since 1975. So he was entitled to pass-on rights when tenants moved out in 1998. The son wasn't a party to the surrender agreement signed by tenants, who were his parents, and by his brother. And he didn't waive his pass-on claim.

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the tenant.) Landlord sued to evict the son of rent-stabilized tenants after they moved out of the apartment. The son claimed pass-on rights. The court ruled for tenants' son. Landlord appealed and lost. Tenants' son showed that he had lived in the apartment as his primary residence since 1975. So he was entitled to pass-on rights when tenants moved out in 1998. The son wasn't a party to the surrender agreement signed by tenants, who were his parents, and by his brother. And he didn't waive his pass-on claim.

ACP 140 West End Ave. Assocs. v. Kelleher: 2005 NY Slip Op 51839(U) (App. T. 1 Dept.; 11/16/05; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ) [2-pg. doc.]

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