Tenant's Mother Gets Apartment

LVT Number: 8979

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant had moved out of the apartment in 1986, but her mother claimed that she had the right to remain there. Tenant's mother had moved into the apartment after tenant moved in, and had lived there with tenant for about seven years. Landlord argued that to get pass-on rights, tenant's mother needed to live in the apartment from the start of tenant's first lease. The court ruled for tenant's mother.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant had moved out of the apartment in 1986, but her mother claimed that she had the right to remain there. Tenant's mother had moved into the apartment after tenant moved in, and had lived there with tenant for about seven years. Landlord argued that to get pass-on rights, tenant's mother needed to live in the apartment from the start of tenant's first lease. The court ruled for tenant's mother. In May 1987, the Rent Stabilization Code was amended to give a family member pass-on rights to an apartment that had been the family member's primary residence for at least two years before tenant moved out. The family member didn't need to live there from the start of the first lease. Even though this amendment went into effect after tenant moved out, the court applied it retroactively. Tenant's mother lived in the apartment for at least two years before tenant moved out. So she could take over the apartment.

467 42nd St. v. Suarez: NYLJ, p. 29, col. 3 (7/20/94) (Civ. Ct. Kings; Fuchs, J)