Non-Traditional Family Member Fails to Prove Succession Rights

Landlord sued to evict rent-controlled tenant and her roommate in 2017, based on tenant's nonprimary residence. The roommate claimed that, even if the unit was no longer tenant's primary residence, he had succession rights because he had lived in a family-type relationship with tenant at the apartment. Tenant passed away in 2021, while the eviction case was pending. Landlord's termination notice alleged that tenant bought a Florida residence in 2003, filed Homestead Exemptions in Florida in 2014 through 2016, maintained a Florida nondriver's ID card listing the Florida residence as her primary residence, received mail in Florida, and hadn't been seen at the premises before her tenancy was terminated in February 2017. 

The trial court ruled for landlord. Based on documentary evidence and witness testimony, the roommate showed that his relationship with tenant was like mother and son, qualifying him as a non-traditional family member. And the roommate demonstrated that the apartment was his primary residence. However, he didn't co-reside with tenant two years prior to the date of termination of her tenancy or even two years prior to her death. When claiming succession rights, an occupant must prove that they co-resided with the tenant of record for two years prior to his or her vacatur. Evidence showed that the apartment hadn't been tenant's primary residence for years prior to commencement of the eviction proceeding. Among other things, the trial witnesses couldn't confirm dates when they observed both tenant and the roommate living together in the apartment between February 2015 and February 2017. And two years prior to her death, records showed that tenant was living in Colombia, where she had an additional residence. The roommate's right to occupy the apartment expired upon the termination of the tenancy in February 2017.

Kanter's Realty Assoc. LLC v. Trujillo: Index No. L&T 59129/17, 2025 NY Slip Op 30120((U)(Civ. Ct. NY; 1/15/25; Jennings, J)