Father Claims Pass-On Rights to Apartment in Co-op Building

July 31, 1998

LVT Number: 12527

Landlord sued to evict tenant's father after rent-stabilized tenant moved out of the apartment. Tenant's father claimed pass-on rights. The court ruled against tenant's father. The apartment was located in a cooperative building converted under an eviction plan. Tenant was exempt from eviction because he qualified under applicable laws as an eligible disabled person. Pass-on rules, which permit family members of rent-stabilized tenants to remain in an apartment after tenant dies or moves out, don't apply to a co-op apartment.

Landlord sued to evict tenant's father after rent-stabilized tenant moved out of the apartment. Tenant's father claimed pass-on rights. The court ruled against tenant's father. The apartment was located in a cooperative building converted under an eviction plan. Tenant was exempt from eviction because he qualified under applicable laws as an eligible disabled person. Pass-on rules, which permit family members of rent-stabilized tenants to remain in an apartment after tenant dies or moves out, don't apply to a co-op apartment.

1770 Davidson Avenue HDFC v. Dawson: NYLJ, p. 21, col. 2 (7/28/98) (App. T. 1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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