Occupant Didn't Prove Family Relationship with Tenant

July 31, 2003

LVT Number: 16735

Landlord sued to evict rent-controlled tenant for illegal sublet or assignment. The court ruled for landlord, and occupant appealed. Occupant claimed that he was a family member who had lived with tenant for 20 years and was entitled to pass-on rights. The appeals court ruled against occupant. Tenant didn't appear in court, and occupant presented no proof of a family relationship with tenant. Occupant also didn't prove when tenant moved out or whether he had lived in the apartment as his primary residence for at least two years with tenant before tenant moved out.

Landlord sued to evict rent-controlled tenant for illegal sublet or assignment. The court ruled for landlord, and occupant appealed. Occupant claimed that he was a family member who had lived with tenant for 20 years and was entitled to pass-on rights. The appeals court ruled against occupant. Tenant didn't appear in court, and occupant presented no proof of a family relationship with tenant. Occupant also didn't prove when tenant moved out or whether he had lived in the apartment as his primary residence for at least two years with tenant before tenant moved out.

200 W. 97th St. LLC v. Matos: NYLJ, 7/2/03, p. 21, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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