Close Relationship Not Enough to Qualify as Family Member

May 31, 2006

LVT Number: 18896

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed he had a nontraditional family relationship with tenant and was entitled to pass-on rights. The court ruled for landlord after a trial. Occupant appealed and lost. Occupant appeared to have a close, loving relationship with tenant. But the exact nature of occupant's living arrangements remained unclear. Some documents listed occupant's address as another apartment in Manhattan. In a 1990 DHCR harassment case, occupant said he had lived in the other apartment since 1967.

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed he had a nontraditional family relationship with tenant and was entitled to pass-on rights. The court ruled for landlord after a trial. Occupant appealed and lost. Occupant appeared to have a close, loving relationship with tenant. But the exact nature of occupant's living arrangements remained unclear. Some documents listed occupant's address as another apartment in Manhattan. In a 1990 DHCR harassment case, occupant said he had lived in the other apartment since 1967. And while occupant was financially dependent on tenant, there were no commingling of finances, joint ownership of anything, or indication of sharing household or family expenses. The trial court fairly interpreted the evidence.

Escorp, Inc. v. Myers: NYLJ, 5/3/06, p. 32, col. 1 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, J)

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