Niece Gets Tenant's Rent-Stabilized Apartment

Landlord sued to evict rent-stabilized tenant’s niece after tenant died. The niece claimed that she had a family-type relationship with tenant and therefore had pass-on rights. The court ruled for tenant’s niece after a trial. Witnesses, including tenant’s adult daughter, testified that the niece moved in with tenant when she was 21, lived with tenant for 38 years, and that tenant and the niece were “attached at the hip.” The niece also proved that she and tenant engaged in family-type activities by jointly attending family functions, holidays, celebrations, and social activities. They regularly traveled to Florida, spent the Jewish holidays together with other family members, and visited family friends together. The niece had moved in with tenant when her own mother died because, even as an adult, she required care by a family member.

Matter of Davidson: NYLJ, 6/2/10, p. 27, col. 3 (Sup. Ct. Kings; Baily-Schiffman, J)