Tenant's Son Lived in Apartment with Tenant Only Eight Months

November 1, 2000

LVT Number: 14508

Landlord sued to evict rent-stabilized tenant's son after tenant died. Tenant's son claimed pass-on rights. He claimed that he moved into tenant's apartment in March 1994, more than two years before she died. The court ruled for landlord. Tenant's son appealed and lost. In November 1994, tenant went to visit her daughter in Scotland and suffered a stroke there in August 1995. She never returned to the apartment and died in Scotland in November 1997. So tenant's son lived with her in the apartment from March 1994 until November 1994, a period of only eight months.

Landlord sued to evict rent-stabilized tenant's son after tenant died. Tenant's son claimed pass-on rights. He claimed that he moved into tenant's apartment in March 1994, more than two years before she died. The court ruled for landlord. Tenant's son appealed and lost. In November 1994, tenant went to visit her daughter in Scotland and suffered a stroke there in August 1995. She never returned to the apartment and died in Scotland in November 1997. So tenant's son lived with her in the apartment from March 1994 until November 1994, a period of only eight months.

Goldstein v. Sevastopolou: NYLJ, 10/25/00, p. 28, col. 3 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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