Close Friend/Roommate Didn't Have Family-Type Relationship with Tenant

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The court ruled against landlord, finding that occupant had a family-type relationship with tenant and lived there for at least two years with tenant before tenant died. Landlord appealed and won. Occupant showed only that he was a close friend and roommate of elderly tenant. He didn't show an emotional and financial commitment and interdependence that would prove a family relationship. Occupant slept in a small room next to the kitchen of tenant's apartment, ate breakfast with tenant, and carried items up and down the stairs for him. There was little other proof of how or how long occupant used the apartment or the types of household activities he shared with tenant. Occupant and tenant were close friends, socialized and spent some holidays together with mutual friends. But this wasn't enough to prove a family-type relationship.

RHM Estates v. Hampshire: NYLJ, 8/30/04, p. 28, col. 5 (App. T. Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)