Occupant Had ''Mother-Son'' Relationship with Tenant

June 30, 2005

LVT Number: 18190

Landlord sued to evict apartment occupant after rent-controlled tenant moved out. Occupant said he had a ''mother-son'' relationship with tenant and claimed pass-on rights. He had moved in with tenant and her children when he was a teenager and his own mother was sick. The court ruled for occupant. Landlord appealed and lost. Occupant proved he had a nontraditional family relationship with tenant. He showed that he lived in the apartment with tenant, as his primary residence, for at least two years before tenant died.

Landlord sued to evict apartment occupant after rent-controlled tenant moved out. Occupant said he had a ''mother-son'' relationship with tenant and claimed pass-on rights. He had moved in with tenant and her children when he was a teenager and his own mother was sick. The court ruled for occupant. Landlord appealed and lost. Occupant proved he had a nontraditional family relationship with tenant. He showed that he lived in the apartment with tenant, as his primary residence, for at least two years before tenant died. He also had an emotional and financial commitment with tenant, more than just a sharing of expenses.

AFR Realty Corp. v. Diamond: NYLJ, 6/14/05, p. 25, col. 3 (App. T. 2 Dept.; Patterson, JP, Golia, Rios, JJ)

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