Occupant Didn't Prove Nontraditional Family Relationship

April 9, 2007

LVT Number: 19424

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she had a nontraditional family relationship with tenant and was entitled to succession rights. The lower court ruled for landlord. Occupant appealed and lost. Occupant may have had a close, loving relationship with tenant. But she submitted no proof that the two had intermingled their finances, formalized legal obligations, or jointly owned property. In addition, occupant rented another rent-stabilized apartment in Manhattan throughout the time that she claimed to have lived with tenant.

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she had a nontraditional family relationship with tenant and was entitled to succession rights. The lower court ruled for landlord. Occupant appealed and lost. Occupant may have had a close, loving relationship with tenant. But she submitted no proof that the two had intermingled their finances, formalized legal obligations, or jointly owned property. In addition, occupant rented another rent-stabilized apartment in Manhattan throughout the time that she claimed to have lived with tenant. She even renewed the lease to the other apartment after tenant died. Occupant's tax returns, driver's license, voter registration, and banking and credit card statements all listed the other apartment as her address.

Caru, LLC v. Ratus: NYLJ, 2/27/07, p. 31, col. 2 (App. T. 1 Dept.; McKeon, PJ, McCooe, Schoenfeld, JJ)

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