Occupant Was Nontraditional Family Member

November 1, 1999

LVT Number: 13634

Landlord sued to evict apartment occupant after rent-regulated tenant died. Occupant claimed he was nontraditional family member entitled to pass-on rights. The court ruled for landlord. Occupant appealed and won. The occupant and deceased tenant held themselves out as husband and wife for many years to family and friends, to their local priest, and at the local bank. They cared for each other in sickness and health and shared household expenses. While there wasn't a total intermingling of their finances, this fact by itself didn't mean they didn't have a family relationship.

Landlord sued to evict apartment occupant after rent-regulated tenant died. Occupant claimed he was nontraditional family member entitled to pass-on rights. The court ruled for landlord. Occupant appealed and won. The occupant and deceased tenant held themselves out as husband and wife for many years to family and friends, to their local priest, and at the local bank. They cared for each other in sickness and health and shared household expenses. While there wasn't a total intermingling of their finances, this fact by itself didn't mean they didn't have a family relationship.

Slope Spaces Inc. v. Vasquez: NYLJ, p. 29, col. 1 (10/19/99) (App. T.2 Dept.; Scholnick, JP, Aronin, Patterson, JJ)

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