Brother Who Was Live-In Aide to Tenant Can't Claim Succession Rights

Landlord sued to evict elderly tenant's brother from rent-stabilized, federally subsidized apartment after tenant moved out to live with her daughter. The brother claimed succession rights. He claimed that he had moved into the apartment in 2006 as a live-in aide to tenant. At the same time, he maintained another address in Nassau County and received all his mail there. The court ruled for landlord. In 2010, landlord's employee saw tenant's brother in the apartment but he said he didn't live there. Tenant also failed to disclose on annual income recertifications for the apartment that her brother lived there. The brother claimed that he was omitted from the lease and family composition certifications because he was a live-in aide. Under federal law, 24 CFR Section 5.609(c)(5), tenants can have live-in aides who don't have to be declared on annual recertifications. But live-in aides can't qualify for continued occupancy as remaining family members. The brother can't claim to have been a live-in aide for the purpose of avoiding the reporting of additional household income and an increase in tenant's rent, and later claim the apartment was his primary residence for succession purposes.

WRG Acquisition LLC v. Strasser: Index No. LT 002321-2013, NYLJ No. 1202672578009 (Dist Ct. Nassau; 9/30/14; Bjorneby, J)