Children Didn't Live with Tenant for Two Years

(Decision submitted by Sally E. Unger of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant's adult children claimed pass-on rights to the apartment. Landlord argued that tenant's children weren't entitled to pass-on rights because they hadn't lived with tenant for two years before he moved out. The court ruled for landlord. Landlord proved at trial that tenant had stopped using the apartment as his primary residence in 1985, when he moved to Spain. However, tenant hadn't moved out of the apartment until 1993. Tenant's children couldn't prove that they had lived with tenant for two years before he moved out since tenant wasn't primarily residing in the apartment for the two years before he moved. Also, tenant's children had moved to Spain with tenant in 1985. So they couldn't claim pass-on rights because they hadn't stayed in the apartment after tenant left.

116–118 E. 31st St. LLC v. Voukitchevitch: Index No. 86018/97 (3/25/99) (Civ. Ct. NY; Hahn, J) [4-pg. doc.]