Non-Traditional Relationship Gives Son Succession Rights

April 7, 2012

LVT Number: #23995

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights. Occupant's father lived in the apartment with tenant at one time, and occupant moved in with them when he was 14. When the couple's relationship ended, occupant remained close to tenant, and later moved back in with tenant to care for her during her illnesses and until she died. The court ruled for occupant and dismissed the case. Tenant's granddaughter testified at trial that occupant treated tenant like a mother and that she considered occupant her uncle.

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights. Occupant's father lived in the apartment with tenant at one time, and occupant moved in with them when he was 14. When the couple's relationship ended, occupant remained close to tenant, and later moved back in with tenant to care for her during her illnesses and until she died. The court ruled for occupant and dismissed the case. Tenant's granddaughter testified at trial that occupant treated tenant like a mother and that she considered occupant her uncle. Occupant also showed that he and tenant had a degree of financial interdependence appropriate to the nature of their relationship and limited resources. Occupant qualified as a non-traditional family member entitled to succession rights.

2025 Walton Associates LLC v. Arroyo: L&T Index No. 6894/11, NYLJ No. 1202545276036 (Civ. Ct. Bronx; 2/23/12; Madhavan, J)

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