Grandson Can't Get Pass-On Rights to Apartment in Interim Lease Program

LVT Number: 13922

Landlord, net lessee of city-owned building under Tenant Interim Lease Program, sued to evict tenant. Landlord claimed that tenant had permanently moved to a nursing home and had illegally sublet the apartment to her grandson. The grandson claimed pass-on rights. The court ruled for landlord. Family members in Tenant Interim Lease Program buildings don't have pass-on rights. And even if pass-on rights applied, the grandson didn't prove that he had an ongoing connection to the apartment for two years before tenant moved out.

Landlord, net lessee of city-owned building under Tenant Interim Lease Program, sued to evict tenant. Landlord claimed that tenant had permanently moved to a nursing home and had illegally sublet the apartment to her grandson. The grandson claimed pass-on rights. The court ruled for landlord. Family members in Tenant Interim Lease Program buildings don't have pass-on rights. And even if pass-on rights applied, the grandson didn't prove that he had an ongoing connection to the apartment for two years before tenant moved out.

2041 Fifth Ave. Tenants Assn. v. Barker: NYLJ, 2/23/00, p. 29, col. 5 (Civ. Ct. NY; Wendt, J)