Occupants Can't Get Apartment

December 1, 1998

LVT Number: 12815

Landlord NYCHA sued to evict apartment occupants after tenant died. Occupants claimed they had pass-on rights to the apartment because tenant was their mother. The court ruled for occupants, and landlord appealed. The appeals court ruled for landlord. Occupants didn't prove they were remaining family members who had lived in the apartment with tenant in compliance with NYCHA rules. They also didn't pay use and occupancy for the year after tenant died, and didn't prove any source of income or an ability to pay rent.

Landlord NYCHA sued to evict apartment occupants after tenant died. Occupants claimed they had pass-on rights to the apartment because tenant was their mother. The court ruled for occupants, and landlord appealed. The appeals court ruled for landlord. Occupants didn't prove they were remaining family members who had lived in the apartment with tenant in compliance with NYCHA rules. They also didn't pay use and occupancy for the year after tenant died, and didn't prove any source of income or an ability to pay rent.

NYCHA v. Freytes: NYLJ, p. 32, col. 5 (11/19/98) (App. T. 1 Dept.; McCooe, JP, Davis, Gonzalez, JJ)

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