Deceased Tenant's Daughter Gets Apartment

February 1, 2002

LVT Number: 15622

Landlord sued to evict deceased tenant's daughter. The daughter claimed that she had pass-on rights to the apartment. The court ruled for the daughter, and landlord appealed. Landlord claimed that tenant's lease clause granting tenancy rights to tenant's ''successor'' didn't intend to permit renewal leases. But the 1984 lease was signed after the ETPA became effective in Yonkers, so tenant's daughter was entitled to renewal leases as a family member having pass-on rights.

Landlord sued to evict deceased tenant's daughter. The daughter claimed that she had pass-on rights to the apartment. The court ruled for the daughter, and landlord appealed. Landlord claimed that tenant's lease clause granting tenancy rights to tenant's ''successor'' didn't intend to permit renewal leases. But the 1984 lease was signed after the ETPA became effective in Yonkers, so tenant's daughter was entitled to renewal leases as a family member having pass-on rights.

Jurzykowski v. Estate of Hilton: NYLJ, 1/10/02, p. 29, col. 1 (App. T.2 Dept.; Floyd, PJ, Doyle, Coppola, JJ)

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