Occupant Proves Mother/Daughter-Type Relationship with Late Tenant
LVT Number: #27152
Landlord sued to evict apartment occupant after rent-stabilized tenant died, claiming that occupant was a licensee whose right to remain in the apartment expired with tenant’s death. Occupant claimed succession rights and asked the court to dismiss the case without trial. The court ruled for occupant. Documentation presented clearly showed that tenant and occupant had a mother/daughter relationship. Tenant took occupant in as a child and took care of her as a daughter, providing home, food, clothing, and other necessities. Tenant also became occupant’s legal guardian when occupant was 16. Tenant managed the affairs of occupant, now 47, including occupant’s SSDI payments. They attended church together and held themselves out as family. There was no dispute that occupant lived with tenant in the apartment for years. Landlord also failed to refute any of the evidence presented by occupant. Tenant and occupant lived in the apartment together for over 30 years, and occupant presented sufficient proof of emotional and financial commitment and interdependence to establish succession rights.
1675 Lincoln, LLC v. Meeks: Index No. 51673/15, NYLJ No. 1202763458174 (Civ. Ct. Kings; 6/21/16; Stroth, J)