Occupant Didn't Live with Deceased Tenant

February 1, 1998

LVT Number: 12083

Landlord sued to evict an apartment occupant after rent-controlled tenant died. The occupant claimed that she was a non- traditional family member who was adopted by tenant under Chinese custom when she arrived from Hong Kong in 1975. The court ruled for landlord, and the occupant appealed and lost. There were no documents proving that the occupant lived together with tenant in a family-type relationship characterized by emotional and financial interdependence. There was also no proof that the occupant consistently attended family functions or celebrations with tenant.

Landlord sued to evict an apartment occupant after rent-controlled tenant died. The occupant claimed that she was a non- traditional family member who was adopted by tenant under Chinese custom when she arrived from Hong Kong in 1975. The court ruled for landlord, and the occupant appealed and lost. There were no documents proving that the occupant lived together with tenant in a family-type relationship characterized by emotional and financial interdependence. There was also no proof that the occupant consistently attended family functions or celebrations with tenant. In addition, during the time the occupant and her husband lived in the apartment, tenant had a family home with his wife in Queens.

Patmund Realty Corp. v. Cheong: NYLJ, p. 25, col. 3 (1/13/98) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

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