Childhood Friend Isn't Family Member

April 30, 1993

LVT Number: 6930

Landlord sued to evict rent-stabilized tenant's roommate after tenant vacated. Roommate claimed that she was a nontraditional family member entitled to take over the apartment. The trial court ruled for landlord, and roommate appealed. The appeals court again ruled for landlord. Tenant's roommate was a childhood friend, but her relationship with tenant didn't show any of the emotional and financial commitment and interdependence necessary to establish a family relationship.

Landlord sued to evict rent-stabilized tenant's roommate after tenant vacated. Roommate claimed that she was a nontraditional family member entitled to take over the apartment. The trial court ruled for landlord, and roommate appealed. The appeals court again ruled for landlord. Tenant's roommate was a childhood friend, but her relationship with tenant didn't show any of the emotional and financial commitment and interdependence necessary to establish a family relationship. Tenant and her roommate didn't intermingle their finances, jointly own any personal or real property, sign any documents formalizing legal obligations to one another, or hold themselves out as family members through their words or actions.

Seminole Realty Co. v. Greenbaum: NYLJ, p. 23, col. 4 (4/8/93) (App. T. 1 Dept.; Ostrau, PJ, Parness, Miller, JJ)

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