Occupant Can't Get Apartment

September 30, 1995

LVT Number: 10029

Landlord sued to evict apartment occupant after rent-controlled tenant moved out. Occupant claimed to be nontraditional family member entitled to remain as tenant. The court ruled for landlord, and occupant appealed. The appeals court ruled against occupant. She didn't have the required emotional or financial commitment with tenant to qualify as a family member. Occupant moved into the apartment as a rent-paying roommate. Any relationship she had with tenant was short-lived.

Landlord sued to evict apartment occupant after rent-controlled tenant moved out. Occupant claimed to be nontraditional family member entitled to remain as tenant. The court ruled for landlord, and occupant appealed. The appeals court ruled against occupant. She didn't have the required emotional or financial commitment with tenant to qualify as a family member. Occupant moved into the apartment as a rent-paying roommate. Any relationship she had with tenant was short-lived. Occupant and tenant didn't formalize legal obligations or intermingle finances and didn't hold themselves out as a family unit on a long-term basis. In fact, tenant married someone else.

645 Company v. Stemper: NYLJ, p. 26, col. 1 (9/22/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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