Occupant Didn't Prove Family Member Status

March 1, 2006

LVT Number: 18686

Landlord sued to evict apartment occupant after tenant moved out of the apartment. Occupant claimed that he was entitled to pass-on rights as tenant's nontraditional family member. The court ruled for landlord. Occupant appealed and lost. Occupant's mere statement that he was a family member who shared clothes, household bills, vacations, and holidays with tenant wasn't enough to prove the required emotional and financial commitment and interdependence for pass-on rights. There was no proof of any intermingled finances, formalized legal obligations, or jointly owned property.

Landlord sued to evict apartment occupant after tenant moved out of the apartment. Occupant claimed that he was entitled to pass-on rights as tenant's nontraditional family member. The court ruled for landlord. Occupant appealed and lost. Occupant's mere statement that he was a family member who shared clothes, household bills, vacations, and holidays with tenant wasn't enough to prove the required emotional and financial commitment and interdependence for pass-on rights. There was no proof of any intermingled finances, formalized legal obligations, or jointly owned property. A joint investment account and a certificate of domestic partnership that occupant submitted to the court both were dated after the start date of the eviction case.

Pearlbud Realty Corp. v. White: NYLJ, 2/6/06, p. 32, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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