Trial Required on Children's Right to Rent-Controlled Apartment

August 31, 1996

LVT Number: 10850

Landlord sued to evict children of rent-controlled tenants after tenants moved out of apartment. The children claimed they had pass-on rights to the apartment. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord on this issue, and landlord appealed. The appeals court again ruled against landlord. The children claimed they had lived in the apartment for a long time as their primary residence. Landlord had documents showing a different address for them. There were questions of fact and credibility that required a trial.

Landlord sued to evict children of rent-controlled tenants after tenants moved out of apartment. The children claimed they had pass-on rights to the apartment. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord on this issue, and landlord appealed. The appeals court again ruled against landlord. The children claimed they had lived in the apartment for a long time as their primary residence. Landlord had documents showing a different address for them. There were questions of fact and credibility that required a trial.

May Leun Realty Corp. v. Eng: NYLJ, p. 21, col. 2 (8/22/96) (App. T. 1 Dept.; Ostrau, JP, Freedman, Davis, JJ)

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