Tenant's Son Not Entitled to Pass-on Rights

Facts: Landlord sued to evict rent-stabilized tenant's son. Tenant had died in August 2001. At the time of tenant's death, tenant's wife had already moved out of the apartment. Tenant's son moved into the apartment in August 2000, just one year before tenant died. Landlord claimed that tenant's son was a licensee. The son claimed that he had pass-on rights to the apartment. Tenant's son also argued that the case should be dismissed because landlord didn't name tenant's wife as a party. The son claimed that the apartment was still his mother's primary residence. Court: Landlord wins. Tenant's son didn't live with tenant for two years before tenant died. So he can't claim pass-on rights through his father. And trial evidence showed that tenant's mother wasn't living in the apartment when tenant died. Tenant's son claimed that his mother was living temporarily with his sister at another address. Tenant's mother claimed that she had mail sent to the other address because the mailboxes were safer. But the mother's employment records listed the other address as her address. And she received Social Security benefits after tenant died, mailed to her at the other address. Landlord's building super also testified credibly that he had never seen tenant's mother at the building. Since tenant's mother hadn't lived in the apartment during any required period, her son couldn't claim pass-on rights through her.

3201-13 Park Realty LLC v. Hernandez: NYLJ, 9/4/03, p. 19, col. 5 (Civ. Ct. Bronx; Fiorella, J)