Trial Required on Daughter's Pass-On Claim

Landlord sued to evict rent-stabilized tenant for nonprimary residence after tenant sent landlord a letter saying that she traveled back and forth on vacations to Georgia and wanted to turn the apartment over to her daughter. Tenant's daughter claimed pass-on rights. She had lived in the apartment for three years. After pretrial questioning, landlord asked the court to rule in its favor without a trial. The court ruled against landlord. Although the daughter would have some difficulty proving that she had lived together with tenant in the apartment for at least two years before tenant permanently moved out, there were still questions of fact not answered by the pretrial questioning. A trial was needed.

Lafayette-Morrison v. Mabry: NYLJ, 5/17/00, p. 31, col. 6 (Civ. Ct. Bronx; Heymann, J)