Tenant's Nephew May Have Been Accepted as Tenant

Landlord sued to evict rent-stabilized tenant for nonprimary residence. It was undisputed that tenant had moved out of the apartment, and he didn't appear in court. But apartment occupant claimed succession rights. Occupant claimed that he was tenant's nephew, that he was a nontraditional family member, and that landlord had accepted him as a tenant by accepting rent from him directly after tenant moved out. Occupant didn't prove succession rights. A nephew doesn't qualify as a family member entitled to succession rights under Rent Stabilization Code Section 2520.6(o)(1). And occupant presented no proof that he was a nontraditional family member who had mutual emotional and financial support with tenant. So occupant couldn't claim succession rights. But there was conflicting proof as to whether prior landlord accepted rent from occupant for some period of time that may have established tenancy rights. A trial was needed to determine the facts.

Comrid Ventures LLC v. Guitti: 2018 NY Slip Op 50277(U), 2018 WL 1147141 (Civ. Ct. NY; 2/5/18; Lutwak, J)