Friend Who Moved Back in with Tenant Didn't Prove Succession Rights

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was a nontraditional family member who had succession rights. The trial court ruled for landlord. Occupant appealed and lost. Although tenant and occupant may have lived together in a close relationship at one time, they had separated in 1988 and occupant lived elsewhere for 15 years. She moved back into the apartment in 2003 because she was facing eviction from her Queens apartment, but there was no evidence that she then lived with tenant in a relationship that had “emotional and financial commitment and interdependence.” No friends, neighbors, or family members testified on occupant's behalf, and there was no documentary or other credible proof that occupant and tenant intermingled finances, had jointly owned property, or formalized any legal obligations. Evidence showed only that tenant and occupant were friends, roommates, and business colleagues. One of the appellate judges disagreed, finding that the 30-year relationship between tenant and occupant involved typical day-to-day family chores and responsibilities uncharacteristic of a mere friendship.

530 Second Ave. Co., LLC v. Zenker: 54 Misc.3d 144(A), 2017 N.Y. Slip Op. 50232(U) (App. T. 1 Dept.; 2/22/17; Schoenfeld, JP, Lowe III, Ling-Cohan [dissenting], JJ)