Son Lived with Tenant Despite Custody Agreement

May 31, 2008

LVT Number: #20457

Landlord sued to evict rent-stabilized tenant's son after tenant moved out of the apartment in 2002. At the time, tenant's son was 17 years old. The son claimed pass-on rights. The court ruled for landlord after a trial. Tenant's son appealed and won. Tenant and his ex-wife signed a separation agreement in 1994 stating that tenant's son would make his primary residence with the mother. But the separation agreement also gave both tenant and his ex-wife joint custody of their children.

Landlord sued to evict rent-stabilized tenant's son after tenant moved out of the apartment in 2002. At the time, tenant's son was 17 years old. The son claimed pass-on rights. The court ruled for landlord after a trial. Tenant's son appealed and won. Tenant and his ex-wife signed a separation agreement in 1994 stating that tenant's son would make his primary residence with the mother. But the separation agreement also gave both tenant and his ex-wife joint custody of their children. And the son showed at trial that he spent at least four or five nights a week and often more at the apartment with tenant for at least nine years before tenant moved out in 2002.

68-74 Thompson Realty, LLC v. McNally: NYLJ, 5/16/08, p. 32, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)

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