Occupant Didn't Prove Father-Son Relationship with Tenant

Facts: Landlord sued to evict occupant after rent-controlled tenant moved out. Occupant claimed he was entitled to pass-on rights because he and tenant had a nontraditional father-son relationship. Occupant moved into the apartment with tenant, who is 30 years older than he. Tenant paid all of occupant's bills, gave him credit cards, and paid the rent. Occupant and tenant held themselves out to others as father and son, and tenant named occupant as a beneficiary in his will. Tenant also considered adopting occupant, but never went through with the proceeding. Court: Occupant loses. Despite tenant's financial commitment to occupant, there was no interdependence between them. Tenant paid all the bills, and wasn't at all dependent upon occupant financially. The two men kept their finances completely separate. And, tenant and occupant didn't rely upon each other for any daily family services. So, occupant doesn't qualify for pass-on rights under the nontraditional family theory.

Gottlieb v. Caldwell: NYLJ, p. 28, col. 6 (2/8/95) (Civ. Ct. NY; Dubinsky, J)