Grand-Nephew Gets Rent-Controlled Apartment

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant was tenant's grand-nephew. He claimed pass-on rights and said that he had a nontraditional family relationship with tenant. The trial court ruled against landlord. Landlord appealed and lost. Tenant's grand-nephew showed that he had an emotional and financial commitment with tenant. He had lived in the apartment with tenant for more than two years before tenant died. In addition, they had joint bank and brokerage accounts. They had joint credit cards. They also shared household expenses, engaged in social and recreational activities together and attended family functions together. The grand-nephew also took tenant to medical appointments and took care of him during hospitalizations. He also was a beneficiary of half of tenant's estate.

25 West 68th Street LLC v. Whitman: NYLJ, 8/4/08, p. 24, col. 2 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)