Occupant Wasn't ‘Family Member'

LVT Number: 15153

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that he was a nontraditional family member, entitled to pass-on rights. The court ruled for landlord. Occupant appealed and lost. Although occupant had lived in the apartment with tenant for 14 years, he didn't prove any intermingling of finances, formalized legal obligations, or joint attendance at family functions. Proof of financial and emotional commitment was needed to prove a family-type relationship with tenant.

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that he was a nontraditional family member, entitled to pass-on rights. The court ruled for landlord. Occupant appealed and lost. Although occupant had lived in the apartment with tenant for 14 years, he didn't prove any intermingling of finances, formalized legal obligations, or joint attendance at family functions. Proof of financial and emotional commitment was needed to prove a family-type relationship with tenant.

Manhattan Ave. Apts., LLC v. Brown: NYLJ, 7/18/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)