Are Occupants Tenants' Immediate Family Members?

Landlord sued to evict rent-stabilized tenants for unauthorized occupancy. Tenants asked the court to dismiss the case without a trial. The court ruled against tenants. Tenants were married and elderly. They had lived in the apartment for over 20 years. Tenants had seven children and five grandchildren. Tenants, who were 76 and 89 years old respectively, were dependent on their children to assist them with daily living activities and care. They admitted that immediate family members stayed overnight, and claimed that the only person currently living with them was their disabled adult daughter. Another son had stayed with tenants while being treated for liver cancer but had since returned to the Philippines.

Landlord had installed a camera in the building to monitor who entered and exited. Landlord claimed that the apartment was overcrowded, and that tenants violated both their lease and NYC Administrative Code Section 27-2075.

The court found that landlord's court papers didn't state a claim for overcrowding. And since there was no violation placed on the building for overcrowding, landlord couldn't claim a breach of the lease on that basis. Tenants' lease stated that the apartment could be occupied by tenants and their immediate family, as well as roommate-occupants permitted under Real Property Law Section 235-f. Tenants' lease didn't limit the number of immediate family members who could live with them. Tenants identified all persons who lived with them as immediate family members, and landlord presented no contrary proof. Landlord maintained that not all occupants were family members.

The court found that a trial was needed to determine the facts. 

Landmark Associates v. Ruiz: 41 Misc.3d 1238(A), 2013 NY Slip Op 52077(U) (Civ. Ct. NY; 12/11/13; Kraus, J)