Occupant Qualifies as Nontraditional Family Member of Deceased Rent-Controlled Tenant

May 31, 2002

LVT Number: 15855

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he was a nontraditional family member, entitled to pass-on rights. The court ruled for occupant. Landlord appealed and lost. At the trial, occupant showed that he had lived in the apartment with tenant for eight years, he was financially dependent on tenant, and during the last four years of tenant's life, tenant was completely dependent on occupant for care. The lack of documentary proof of financial interdependence didn't bar this finding.

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he was a nontraditional family member, entitled to pass-on rights. The court ruled for occupant. Landlord appealed and lost. At the trial, occupant showed that he had lived in the apartment with tenant for eight years, he was financially dependent on tenant, and during the last four years of tenant's life, tenant was completely dependent on occupant for care. The lack of documentary proof of financial interdependence didn't bar this finding. Tenant's priest also testified that he performed a Holy Union ceremony for the couple and that, on his deathbed, tenant told the priest to use insurance benefits left to the priest for occupant's benefit.

Arnie Realty Corp. v. Torres: NYLJ, 5/20/02, p. 18, col. 4 (App. Div.1 Dept.; Williams, PJ, Tom, Mazzarelli, Ellerin, Marlow, JJ)

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