Trial Required to Decide Issue of Pass-On Rights

June 30, 1993

LVT Number: 7099

Landlord New York City Housing Authority (NYCHA) sued to evict occupant. Occupant claimed he was a remaining family member of deceased tenant. The court dismissed landlord's petition without a trial, and landlord appealed. The appeals court sent the case back. The trial court didn't consider NYCHA's rules on pass-on rights. A trial was needed to review the facts under those rules.

Landlord New York City Housing Authority (NYCHA) sued to evict occupant. Occupant claimed he was a remaining family member of deceased tenant. The court dismissed landlord's petition without a trial, and landlord appealed. The appeals court sent the case back. The trial court didn't consider NYCHA's rules on pass-on rights. A trial was needed to review the facts under those rules.

New York City Housing Authority v. Prado: NYLJ, p. 29, col. 1 (6/7/93) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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