Nontraditional Family Member Gets Rent-Stabilized Apartment

Landlord sued to evict apartment occupant after rent-stabilized tenant died, claiming that he was a licensee who no longer had a right to remain in the unit. The occupant claimed he had succession rights. After trial, the court ruled for the occupant and dismissed the case. The occupant lived in the apartment with the prior tenant for at least two years before tenant died and showed there was an emotional connection between the parties. The tenant and occupant had a joint account with Amazon, indicating some mingling of finances. They also had formalized legal obligations between them and had executed health care proxies in 2012. They also held themselves out as family members to various medical providers. Emails from landlord's employees also revealed that they knew the occupant lived in the apartment with tenant and were aware of their emotional commitment. Occupant showed that he and tenant were nontraditional family members.

Enterprise Group of NY LLC v. Franklin: Index No. 58691/2017, 2023 NY Slip Op 32189(U)(Civ. Ct. NY; 6/14/23; Stoller, J)