Tenant's Companion Can't Get Apartment

June 30, 2001

LVT Number: 15084

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that she was tenant's companion and entitled to pass-on rights. The court ruled for occupant. Landlord appealed and won. Tenant, who was elderly, had died while living in Florida in 1997. But even if occupant proved that she had lived in the apartment with tenant for two years before he died, she didn't show that she was a family member entitled to pass-on rights. She was merely a roommate and companion. Tenant occasionally referred to her as his niece.

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that she was tenant's companion and entitled to pass-on rights. The court ruled for occupant. Landlord appealed and won. Tenant, who was elderly, had died while living in Florida in 1997. But even if occupant proved that she had lived in the apartment with tenant for two years before he died, she didn't show that she was a family member entitled to pass-on rights. She was merely a roommate and companion. Tenant occasionally referred to her as his niece. But occupant didn't show any proof of shared household expenses, intermingled finances, formalized legal obligations, or attendance together at family functions or social activities.

Bonst Realty Assocs. v. Doe: NYLJ, 6/7/01, p. 20, col. 6 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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