Nontraditional Family Member Gets Tenant's Apartment

June 30, 1999

LVT Number: 13339

Facts: In 1986, a 23-year old man moved in with 53-year old rent-controlled tenant. While tenant worked, the roommate took care of the household and later cared for tenant while he was sick. After tenant died, landlord sued to evict roommate, who claimed he was a nontraditional family member and should get pass-on rights. The court ruled for roommate and landlord appealed. Court: Landlord loses. Tenant's roommate showed that he and tenant had created a long-term, emotionally committed family relationship. They had formalized their relationship through a service in their church community.

Facts: In 1986, a 23-year old man moved in with 53-year old rent-controlled tenant. While tenant worked, the roommate took care of the household and later cared for tenant while he was sick. After tenant died, landlord sued to evict roommate, who claimed he was a nontraditional family member and should get pass-on rights. The court ruled for roommate and landlord appealed. Court: Landlord loses. Tenant's roommate showed that he and tenant had created a long-term, emotionally committed family relationship. They had formalized their relationship through a service in their church community. Tenant also made financial provisions for his roommate after his death by arranging for his parish priest to use the proceeds of his insurance policy for his roommate's benefit.

Arnie Realty Corp. v. Torres: NYLJ, p. 27, col. 6 (6/3/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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