Tenant's Granddaughter Gets Pass-On Rights

LVT Number: 12528

Landlord sued to evict rent-stabilized tenant for illegal sublet or assignment after she moved out of her apartment. Tenant's granddaughter claimed she'd lived in the apartment for at least two years with tenant and was entitled to pass-on rights. The court ruled for the granddaughter, and landlord appealed. The appeals court ruled against landlord. Several witnesses testified at the trial that they saw the granddaughter come into the building at late hours. Also, the granddaughter had given up her own apartment in a nearby building before landlord started the eviction case.

Landlord sued to evict rent-stabilized tenant for illegal sublet or assignment after she moved out of her apartment. Tenant's granddaughter claimed she'd lived in the apartment for at least two years with tenant and was entitled to pass-on rights. The court ruled for the granddaughter, and landlord appealed. The appeals court ruled against landlord. Several witnesses testified at the trial that they saw the granddaughter come into the building at late hours. Also, the granddaughter had given up her own apartment in a nearby building before landlord started the eviction case. Even though tenant's granddaughter had little documentary proof that she lived in the apartment, the witness testimony was believable and proved her case.

Second 82nd Corp. v. Stoumen: NYLJ, p. 32, col. 1 (7/2/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)