Trial Required on Tenant's Pass-On Claim

May 31, 1999

LVT Number: 13272

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed pass-on rights as a nontraditional family member. She asked the court to rule in her favor without a trial. The court refused, and occupant appealed. The appeals court also ruled against occupant. A trial was needed to determine the facts, including the circumstances of occupant's residence in the apartment, the nature of her relationship with tenant, and proof of financial commitment and interdependence.

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed pass-on rights as a nontraditional family member. She asked the court to rule in her favor without a trial. The court refused, and occupant appealed. The appeals court also ruled against occupant. A trial was needed to determine the facts, including the circumstances of occupant's residence in the apartment, the nature of her relationship with tenant, and proof of financial commitment and interdependence.

Mayflower Development Corp. v. Good: NYLJ, p. 26, col. 2 (5/19/99) (App. T. 1 Dept.; Parness, PJ, Freedman, J)

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