Tenant's Niece Can't Get Rent-Stabilized Apartment

Landlord sued to evict rent-stabilized tenant's niece after tenant died. The niece claimed succession rights to the apartment. The court ruled for landlord without a trial. The niece appealed and lost. Since amended in 1997, the Rent Stabilization Code's definition of family members entitled to succession rights no longer includes nieces and nephews. Tenant's niece argued that because her succession rights took effect in 1992, the old rules should apply to her. But, while the niece claimed that tenant moved to Florida in 1992, he never told landlord. Instead, he continued to sign a series of renewal leases through August 2012. Rent checks to landlord also came from a joint checking account bearing tenant's name. So tenant could not be found to have permanently vacated the apartment at any time prior to his death in October 2010. At the same time, tenant and his niece didn't share the apartment as their primary residence for at least two years before tenant died. The niece also failed to show that she had any nontraditional family relationship with tenant; she presented no proof of emotional or financial commitment and interdependence with tenant.

525 West End Corp. v. Ringelheim: 2014 NY Slip Op 24023, 2014 WL 349540 (App. T. 1 Dept.; 1/31/14; Lowe III, PJ, Schoenfeld, Shulman, JJ)