Son Lived with Tenant for 26 Years

Facts:Rent-stabilized tenant moved into an apartment 26 years ago with his son. In recent years, tenant lived in Florida, while his son remained in the apartment. Tenant usually signed renewal leases and gave them to his son to return to landlord. Landlord's most recent renewal lease offer was returned from the post office as unclaimed. At the same time, tenant's son told landlord that he wished to remain in the apartment. Landlord didn't mention the returned, unclaimed renewal lease but sued to evict tenant for nonrenewal of lease. Tenant's son claimed pass-on rights. Courts:Tenant's son wins. Except for times that he was attending college and boot camp, he had lived in the apartment as tenant's family member since the start of the tenancy. So he was entitled to a rent-stabilized renewal lease in his own name.

ATM Two LLC v. Ramos: NYLJ, 1/16/02, p. 23, col. 3 (Dist. Ct. Nassau; Gartner, J)