Occupant Didn't Prove He Was Family Member of Deceased Tenant

December 1, 2005

LVT Number: 18509

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed he was a nontraditional family member entitled to pass-on rights. After pretrial questioning, landlord asked the court to rule for it without a trial. The court ruled for landlord. Occupant claimed he had lived with tenant since 2001. But managing agent and building super submitted sworn statements that occupant didn't move in until 2004.

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed he was a nontraditional family member entitled to pass-on rights. After pretrial questioning, landlord asked the court to rule for it without a trial. The court ruled for landlord. Occupant claimed he had lived with tenant since 2001. But managing agent and building super submitted sworn statements that occupant didn't move in until 2004. Occupant submitted no proof of a close, family-type relationship, and no documentation that he lived in apartment with tenant for two years before tenant died.

4750 Bedford LLC v. Estate of Goldberg: NYLJ, 11/23/05, p. 26, col. 1 (Civ. Ct. Kings; Fiorella, J)

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