Niece Can Assert Pass-On Claim

July 31, 1996

LVT Number: 10777

Landlord NYCHA sued to evict tenant's niece after tenant moved out. The niece had moved in with tenant in 1993 and claimed pass-on rights to the apartment. The court ruled for landlord without a trial, since the niece had moved in without written approval from NYCHA. The niece appealed. There was no grievance proceeding at NYCHA, and the niece claimed that landlord had actual knowledge that she lived in the apartment. The appeals court ruled for the niece and reopened the case. She was entitled to a trial.

Landlord NYCHA sued to evict tenant's niece after tenant moved out. The niece had moved in with tenant in 1993 and claimed pass-on rights to the apartment. The court ruled for landlord without a trial, since the niece had moved in without written approval from NYCHA. The niece appealed. There was no grievance proceeding at NYCHA, and the niece claimed that landlord had actual knowledge that she lived in the apartment. The appeals court ruled for the niece and reopened the case. She was entitled to a trial.

NYC Housing Authority v. Alexander: NYLJ, p. 21, col. 3 (7/18/96) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

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