Tenant's Son Wasn't Disabled

April 30, 2001

LVT Number: 14941

Landlord sued to evict rent-stabilized tenant's son after tenant died. Tenant's son claimed pass-on rights. Landlord pointed out that the son hadn't lived in the apartment with tenant for two years before tenant died. The son claimed that he had only to show he lived in the apartment for one year, because he was disabled. The court ruled for landlord. Tenant's son wasn't disabled. His arthritis and other conditions didn't substantially limit any of his major life activities.

Landlord sued to evict rent-stabilized tenant's son after tenant died. Tenant's son claimed pass-on rights. Landlord pointed out that the son hadn't lived in the apartment with tenant for two years before tenant died. The son claimed that he had only to show he lived in the apartment for one year, because he was disabled. The court ruled for landlord. Tenant's son wasn't disabled. His arthritis and other conditions didn't substantially limit any of his major life activities.

Aspenly Co., LLC v. Prastien: NYLJ, 4/18/01, p. 20, col. 3 (Civ. Ct. NY; Hagler, J)

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