Son of Prior Rent-Controlled Tenant Has Pass-On Rights

September 30, 2009

LVT Number: #22175

Landlord sued to evict apartment occupants, claiming that they were licensees of Rosa Dorsey. Landlord claimed that Dorsey was the tenant and licensees had no right to remain after she died. The court ruled against landlord and dismissed the case after a trial. One of the licensees, George Batts, showed that he had lived in the apartment for almost 50 years and that Dorsey moved in with him at his invitation. So Batts wasn't Dorsey's licensee. Batts also showed that he had moved into the apartment with his mother, Edna Thomas, in the early 1960s.

Landlord sued to evict apartment occupants, claiming that they were licensees of Rosa Dorsey. Landlord claimed that Dorsey was the tenant and licensees had no right to remain after she died. The court ruled against landlord and dismissed the case after a trial. One of the licensees, George Batts, showed that he had lived in the apartment for almost 50 years and that Dorsey moved in with him at his invitation. So Batts wasn't Dorsey's licensee. Batts also showed that he had moved into the apartment with his mother, Edna Thomas, in the early 1960s. Thomas was the rent-controlled tenant of record at that time. Since Batts lived in the apartment at all times since moving in, he had pass-on rights from Thomas, and was a rent-controlled tenant.

1610 Realty LLC v. Batts: NYLJ, 9/23/09, p. 27, col. 1 (Civ. Ct. NY; Kraus, J)

Topics

More like this