Deceased Tenant's Roommate Wasn't Family Member

Landlord sued to evict rent-stabilized tenant's roommate after tenant died. Roommate claimed he had family-type relationship with tenant and was entitled to pass-on rights. Roommate lived with tenant for five years. Tenant went on vacations with roommate and supported him financially. The trial court ruled for roommate, and landlord appealed. The appeals court reversed and ruled for landlord. Roommate didn't prove he and tenant shared a long-term committed relationship with emotional and financial interdependence. Tenant and roommate didn't hold themselves out as father and son, intermingle finances, jointly own property, or formalize legal obligations. And tenant didn't name roommate as a beneficiary in his will or insurance policies, give him a power of attorney or designate him as a health care proxy. Tenant's obituary didn't refer to roommate, and tenant's cousin removed most of tenant's valuables from apartment after he died.

226 Company v. Becker: NYLJ, p. 25, col. 1 (6/3/97) (App. T. 1 Dept.; Ostrau, PJ, Parness, McCooe, JJ)