Nontraditional Family Member Gets Rent-Controlled Apartment

June 30, 2003

LVT Number: 16657

Landlord sued to evict apartment occupant after rent-controlled tenant vacated. Occupant claimed that she was a nontraditional family member entitled to pass-on rights. The court ruled for occupant. Landlord appealed and lost. Occupant showed at a trial that she and tenant had had a family-type relationship since 1979. They held themselves out as a couple and vacationed and visited their families together. Tenant financially supported the household while occupant performed home duties.

Landlord sued to evict apartment occupant after rent-controlled tenant vacated. Occupant claimed that she was a nontraditional family member entitled to pass-on rights. The court ruled for occupant. Landlord appealed and lost. Occupant showed at a trial that she and tenant had had a family-type relationship since 1979. They held themselves out as a couple and vacationed and visited their families together. Tenant financially supported the household while occupant performed home duties. Tenant and occupant also held a joint savings account, and occupant was the beneficiary under tenant's pension plan.

St. Marks Assets, Inc. v. Herzog: NYLJ, 6/6/03, p. 21, col. 2 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

Topics

More like this