Occupant and Tenant Had Mother-Daughter Relationship

Landlord sued to evict apartment occupant after rent-controlled tenant died. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. The court found there was a long-term family-type relationship between tenant and occupant. Occupant had moved in with tenant when occupant was 12 years old, and had lived with tenant in a mother-daughter type relationship for 17 years, until tenant died. They held themselves out as family members. Tenant treated occupant's children as her own grandchildren, and went on trips with occupant and her common-law husband. Tenant and occupant also relied on one another for daily household tasks, and occupant took care of tenant as tenant became ill. Tenant had also filed a petition to formally adopt occupant. Given the low incomes of tenant and occupant, the absence of joint bank accounts or financial transactions wasn't as significant as the other facts.

Llorente v. Stackiewicz: NYLJ, p. 31, col. 4 (2/22/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)