Is Occupant Rent-Controlled Tenant’s Nontraditional Family Member?

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed succession rights. Landlord asked the court to rule against occupant without a trial. The court refused. Landlord appealed and lost. A trial was needed to determine the facts as to whether there was a relationship characterized by emotional and financial commitment and interdependence. Occupant claimed nontraditional family member status. She claimed that they had lived together for several years, shared living expenses, attended family functions, and attempted to formalize legal responsibilities with a power of attorney. Tenant’s grandson and doctor also submitted statements attesting to the strong emotional bond and family-type relationship between occupant and tenant. The succession claim also wasn’t waived as a matter of law by occupant’s failure to notify landlord of tenant’s death and subsequent payment of rent in tenant’s name.

230 East 14th Street LLC v Szownadze: 53 Misc.3d 155(A), 2016 NY Slip Op 51767(U) (App. T. 1 Dept.; 12/14/16; Lowe III, PJ, Shulman, Gonzalez, JJ)