Occupant Lived with Tenant for 35 Years

August 31, 2002

LVT Number: 16069

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he was tenant's nontraditional family member and had pass-on rights. The court ruled for occupant and dismissed the case. Occupant and tenant had lived together for 35 years as husband and wife. They shared household expenses, traveled together, and attended family functions. Occupant cared for tenant during several illnesses. They jointly owned investment accounts with rights of survivorship, and occupant had power of attorney over tenant's checking account.

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he was tenant's nontraditional family member and had pass-on rights. The court ruled for occupant and dismissed the case. Occupant and tenant had lived together for 35 years as husband and wife. They shared household expenses, traveled together, and attended family functions. Occupant cared for tenant during several illnesses. They jointly owned investment accounts with rights of survivorship, and occupant had power of attorney over tenant's checking account. Tenant created a trust for occupant in her will, and occupant designated tenant as his beneficiary in his group employee life insurance. Tenant's children also testified that they had a close family relationship.

Melohn v. Franklin: NYLJ, 8/15/02, p. 18, col. 1 (App. T.1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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