Occupant Had Family-Type Relationship with Tenant

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed that he had a family-member relationship with tenant. The trial court ruled for the occupant, finding he had succession rights. Landlord appealed and lost. The occupant presented ample proof of his relationship with tenant. He spent time with tenant, a close family friend, since he was a child and grew closer to her after his mother died. As tenant grew older and was having difficulty living on her own, the occupant and his family moved in with her. During the two years before tenant was admitted to a nursing home, occupant lived with tenant in a family-type relationship with both a deep emotional connection as well as a financial commitment. They engaged in daily activities and celebrated holidays together. The occupant helped tenant physically, took her to doctors' appointments, picked up her prescriptions and made sure she took her medications, paid her bills, and managed her money. He also had a power of attorney and health care proxy for tenant. The modest intermingling of finances didn't negate the family-like relationship occupant proved he had with tenant. 

Missouri Assets LLC v. Poinvil: 65 Misc.3d 141(A), 2019 NY Slip Op 51716(U) (App. T. 1 Dept.; 10/24/19; Ling-Cohan, JP, Gonzalez, J)