Nephew Gets Rent-Controlled Tenant's Apartment

December 15, 2015

LVT Number: #26660

Rent-controlled tenant’s nephew claimed succession rights in a complaint to the DHCR. The DHCR ruled for the nephew, finding that he qualified as a remaining nontraditional family member. Landlord appealed and lost. The court and appeals court found that the DHCR’s decision had a rational basis and wasn’t arbitrary or capricious. The nephew lived with tenant for 25 years, and had a long-standing intimate relationship. The nephew was tenant’s primary caregiver, and engaged with her in family-type activities.

Rent-controlled tenant’s nephew claimed succession rights in a complaint to the DHCR. The DHCR ruled for the nephew, finding that he qualified as a remaining nontraditional family member. Landlord appealed and lost. The court and appeals court found that the DHCR’s decision had a rational basis and wasn’t arbitrary or capricious. The nephew lived with tenant for 25 years, and had a long-standing intimate relationship. The nephew was tenant’s primary caregiver, and engaged with her in family-type activities. The nephew showed that they held themselves out as family members, regularly performed family functions together, shared household expenses, and intermingled finances. During a one-year period when tenant had no income, the nephew took care of most of the household expenses. 

 

 

 
Blue Star Properties v. DHCR: 2015 NY Slip Op 08115, 2015 WL 6969718 (App. Div. 1 Dept.; 11/12/15; Friedman, JP, Acosta, Renwick, Andrias, Moskowitz, JJ)

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