Occupant Doesn't Qualify as Nontraditional Family Member

November 1, 2002

LVT Number: 16184

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out. Occupant claimed that he was a nontraditional family member entitled to pass-on rights. The court ruled for landlord. Occupant appealed and lost. Occupant moved into the apartment in 1989 and lived with tenant until tenant moved out in 1995. Occupant was tenant's cousin through marriage. There was no proof of any emotional and financial commitment and interdependence that would qualify occupant for treatment as a nontraditional family member.

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out. Occupant claimed that he was a nontraditional family member entitled to pass-on rights. The court ruled for landlord. Occupant appealed and lost. Occupant moved into the apartment in 1989 and lived with tenant until tenant moved out in 1995. Occupant was tenant's cousin through marriage. There was no proof of any emotional and financial commitment and interdependence that would qualify occupant for treatment as a nontraditional family member.

1477 Second Corp. v. Lindeman: NYLJ, 10/25/02, p. 23, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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