Trial Required on Daughter's Rights

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The daughter claimed pass-on rights. She had moved into the apartment in 1993 when tenant was hospitalized. Tenant was transferred to a nursing home from the hospital and died there. In 1995, landlord had sued tenant for nonprimary residence and illegal sublet to the daughter. The court ruled against landlord at that time, finding that tenant's absence was temporary, but saying that there would be no pass-on rights if tenant didn't return to the apartment. Landlord claimed that the prior decision was binding and should result in eviction of the daughter. The court ruled against landlord. There had been different and subsequent events that required a trial to determine whether tenant's daughter had pass-on rights.

Schultz v. Gonzalez: NYLJ, p 26, col. 4 (8/4/99) (Civ. Ct. Queens; Brown, J)