Tenant's Son May Have Valid Pass-On Claim

April 30, 2006

LVT Number: 18824

Landlord City of New York sued to evict apartment occupant after discovering that tenant no longer lived there. Landlord claimed that there was no question of fact and asked the court to decide the case without a trial. Occupant argued that he was tenant's son and had legally moved into the apartment with tenant as a family member. Tenant had moved out more than 30 years ago, and HPD never gave the son a chance to have his pass-on claim reviewed. The court ruled against landlord and refused to rule without a trial.

Landlord City of New York sued to evict apartment occupant after discovering that tenant no longer lived there. Landlord claimed that there was no question of fact and asked the court to decide the case without a trial. Occupant argued that he was tenant's son and had legally moved into the apartment with tenant as a family member. Tenant had moved out more than 30 years ago, and HPD never gave the son a chance to have his pass-on claim reviewed. The court ruled against landlord and refused to rule without a trial. Occupant raised questions of fact and had the right to raise his pass-on rights claim in this eviction case.

City of New York v. Tanner: NYLJ, 4/19/06, p. 20, col. 1 (Civ. Ct. NY; Milin, J)

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