Landlord sued to evict the apartment occupant after rent-stabilized tenant died. In 2007, tenant was relocated from one building to another under HPD's Neighborhood Redevelopment Program. Landlord claimed that, at the time of relocation, tenant was the sole household member in the old apartment, and no one transferred with him. Tenant also received Section 8 benefits and stated that he was the sole household member. The occupant claimed that she moved in with tenant in 2004 and had pass-on rights.
Landlord sued to evict the apartment occupant after rent-stabilized tenant died. In 2007, tenant was relocated from one building to another under HPD's Neighborhood Redevelopment Program. Landlord claimed that, at the time of relocation, tenant was the sole household member in the old apartment, and no one transferred with him. Tenant also received Section 8 benefits and stated that he was the sole household member. The occupant claimed that she moved in with tenant in 2004 and had pass-on rights. She said that she had a nontraditional parent-child relationship with tenant. Her parents died when she was a child. At the time, tenant lived with the occupant's aunt, and the occupant considered tenant and her aunt to be her parents.
The court ruled for landlord. Tenant never stated on any documentation that the occupant lived in the apartment. Landlord's agent saw no indication that anyone else lived in the apartment during a 2006 visit, and tenant's bank account was held solely in his name. The building super lived on tenant's floor and said she never saw the occupant at the building on a regular basis until a few months before tenant died. The occupant presented no documentation to support her claim, and no one submitted any sworn statement supporting her claim. The occupant also admitted that she and tenant didn't intermingle finances. Landlord could proceed with eviction.
1106 College Ave., HDFC v. Farmer: 2010 NY Slip Op, 2010 WL 5373924 (Civ. Ct. Bronx; 12/27/10; Kraus, J)