Rent-Controlled Tenant's Home Care Aide Gets Succession Rights
LVT Number: #30669
Landlord sued to evict apartment occupant after rent-controlled tenant died. The occupant claimed succession rights as a nontraditional family member. Occupant had moved into the apartment in 2015 as tenant's home care attendant. She joined finances with tenant by 2016 and they opened a shared bank account that year. The tenant gave occupant a power of attorney and she became the executor of tenant's will. The occupant testified that she and tenant were like sisters, shared social events, holidays, and life's daily routine. She also testified that she took care of all of tenant's personal and physical needs after tenant broke her hip and, later, as she was dying. Several witnesses, including a clergyman, friend, and relative of tenant, supported occupant's testimony.
The trial court ruled for occupant, finding that her relationship with tenant fell within the definition of a nontraditional family member. Occupant had lived with tenant for at least two years before tenant died. Tenant and occupant held themselves as having an emotionally committed relationship.
6914 Ridge Blvd. LLC v. DeLao: Index No. L&T86571/18 (Civ. Ct. Bronx; 1/6/20; Kuzniewski, J) [6-pg. doc.]