Tenant's Roommate Can't Get Apartment

May 31, 1999

LVT Number: 13273

Landlord sued to evict rent-stabilized tenant's roommate after tenant died. The roommate claimed she was a nontraditional family member entitled to pass-on rights. The court ruled for landlord, and roommate appealed. The appeals court also ruled for landlord. The roommate lived with tenant for six years before tenant died. But they kept their finances separate, didn't formalize any legal obligations, and had no jointly owned property or bank accounts. There was also no provision in tenant's will for the roommate.

Landlord sued to evict rent-stabilized tenant's roommate after tenant died. The roommate claimed she was a nontraditional family member entitled to pass-on rights. The court ruled for landlord, and roommate appealed. The appeals court also ruled for landlord. The roommate lived with tenant for six years before tenant died. But they kept their finances separate, didn't formalize any legal obligations, and had no jointly owned property or bank accounts. There was also no provision in tenant's will for the roommate. While the roommate showed that she was tenant's close friend, there was no proof of a family-type relationship.

Sutton Assocs. v. Fishman: NYLJ, p. 26, col. 2 (5/4/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

Topics

More like this