Court Grants Pass-on Rights to Tenant's Nephew

Landlord sued to evict rent-controlled tenant’s nephew after tenant died in 2008. The nephew had lived with tenant since 1979 and claimed to have a family-type relationship. A jury ruled against the nephew after a trial. The jury found that tenant and her nephew had lived together for at least two years before tenant died, and had an emotional commitment and interdependence. But the jury found that there was no financial interdependence.

The judge ruled for the nephew in spite of the jury verdict, and dismissed the case. The jury should have considered the emotional and financial interdependence as one question. In addition, the evidence proved there was a loving, family-type relationship where tenant treated her nephew like a son. He moved in with her when he was 17 and on the verge of being sent to a group home. For almost 30 years, tenant and her nephew shopped, traveled, attended events, and performed household chores together. The nephew paid for some household expenses. The nephew took care of tenant after she retired from working and became aged and infirm. The nephew was tenant’s Social Security representative payee. And when the nephew received public assistance for some period, payments were sent to tenant. The nephew and other witnesses testified believably about his close relationship with tenant, and landlord presented no proof to the contrary.

Fort Washington Holdings LLC v. Abbott: NYLJ, 4/22/10, p. 26, col. 3 (Civ. Ct. NY; Engoron, J)