Apartment Was Sublet Before Tenant Moved Out

Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant's daughter claimed that she was the apartment occupant and that she had pass-on rights. Landlord claimed that tenant sublet the apartment for two years just before she moved out, and so the daughter couldn't validly claim pass-on rights. Landlord asked the court to decide the case without a trial. The court ruled against landlord. Landlord appealed and lost. Tenant's daughter had lived in the apartment since she was born, except for a period while she was in college. This was a valid exception to the requirement to primarily reside in the apartment for two years before tenant moved out. Tenant sublet the apartment during this period with landlord's permission. So the fact that tenant and her daughter didn't live in the apartment together for the two years before tenant moved out didn't bar the daughter from claiming pass-on rights.

Brusco v. Rivera: NYLJ, p. 26, col. 1 (9/9/99) (App. T.1 Dept.; Freedman, JP, McCooe, Davis, J)