Occupant Can't Prove Succession Rights

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was a nontraditional family member who had succession rights. The trial court ruled for landlord, finding that occupant failed to prove there was emotional and financial commitment, as well as interdependence, between herself and tenant that would give her a succession claim.

Occupant appealed and lost. There was no credible documentary or other proof that occupant and tenant held themselves out as a family unit, jointly celebrated holidays with other family members, intermingled finances, or formalized legal obligations. There were no shared bank accounts, bank cards, credit cards, or loan obligations. Occupant didn't receive tenant's Social Security, wasn't a dependent on tenant's tax returns, and wasn't a beneficiary of tenant's will, life insurance, or retirement account. Occupant admitted she didn't take care of tenant's finances and didn't know who did. Tenant had in fact given his sister power of attorney and appointed his sister as the executor of his estate. And while occupant claimed that she was present for tenant "24/7" when he became ill, occupant was employed outside the home, and tenant's friends helped take care of him.

206 W. 89th St. LLC v. Morgan: Index No. 570199/19, 2020 NY Slip Op 50249(U) (App. T. 1 Dept.; 2/21/20; Shulman, PJ, Cooper, Edmead, JJ)