Change to Pass-On Law Not Applied Retroactively

February 1, 1999

LVT Number: 12963

Landlord sued to evict rent-controlled tenant's niece after tenant died. The niece claimed she'd lived with tenant and should get pass-on rights. Landlord started its court case in July 1998 and claimed that the 1997 amendment to the rent control law eliminated nieces and nephews from the list of occupants who could claim pass-on rights. Landlord claimed that for this reason, tenant's niece couldn't claim pass-on rights and that no trial was needed. The court ruled against landlord. The niece's pass-on rights, if any, took effect at the time the rent-controlled tenant died or moved out.

Landlord sued to evict rent-controlled tenant's niece after tenant died. The niece claimed she'd lived with tenant and should get pass-on rights. Landlord started its court case in July 1998 and claimed that the 1997 amendment to the rent control law eliminated nieces and nephews from the list of occupants who could claim pass-on rights. Landlord claimed that for this reason, tenant's niece couldn't claim pass-on rights and that no trial was needed. The court ruled against landlord. The niece's pass-on rights, if any, took effect at the time the rent-controlled tenant died or moved out. If this happened before the pass-on law was changed, then the portion of the law that eliminated nieces wouldn't apply. The amended law couldn't be applied retroactively. A trial was needed to determine the facts.

Eppol Realty v. Friese: NYLJ, p. 26, col. 3 (1/6/99) (Civ. Ct. NY; Kramer, J)

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