No Proof That Occupant Was Family Member Who Lived with Tenant

(Decision submitted by Bronx attorney Jeffrey F. Cohen, who represented the landlord.) Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed he had lived with tenant for three years before tenant died. He also claimed he had a sublease with tenant. Landlord claimed he had seen occupant go in and out of the apartment only for a month before tenant died. The court ruled for landlord. Occupant would have pass-on rights only if he was a remaining family member who had lived with tenant for two years before tenant died. Occupant showed no proof that he lived with tenant in an emotional, financial, and interdependent family relationship.

Alcap Assets Inc. v. Roach: Index No. 7572/99 (Civ. Ct. Bronx; Heymann, J) (2/17/99) [2-pg. doc.]