Occupant Claimed to Be Deceased Tenant's Uncle

January 1, 1995

LVT Number: 9371

Landlord sued to evict occupant after tenant's death. Occupant had originally agreed to move out, but later asked the court to vacate the agreement. At first, occupant claimed he was tenant's uncle. At a hearing, he claimed to be the half-brother of tenant's common-law husband. The court refused to vacate the stipulation. Occupant wasn't a family member entitled to pass-on rights. And he didn't meet the requirements for a nontraditional family member.

Landlord sued to evict occupant after tenant's death. Occupant had originally agreed to move out, but later asked the court to vacate the agreement. At first, occupant claimed he was tenant's uncle. At a hearing, he claimed to be the half-brother of tenant's common-law husband. The court refused to vacate the stipulation. Occupant wasn't a family member entitled to pass-on rights. And he didn't meet the requirements for a nontraditional family member. Even though occupant had moved in with tenant to take care of her during her last illness, he didn't offer any proof that he and tenant had shared a deep and committed relationship.

911-923 Walton Ave. Assoc. v. Johnson: NYLJ, p. 24, col. 2 (12/21/94) (Civ. Ct. Bronx; Fiorella, J)

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