Occupant Was Roommate, Not Family Member

July 31, 2005

LVT Number: 18251

Landlord sued to evict apartment occupant after rent-controlled tenant died. The court ruled for landlord. Occupant appealed and lost. Occupant didn't prove the type of emotional and financial commitment needed to be eligible for pass-on rights as nontraditional family member. There was no proof, through documents or credible testimony, that tenant and occupant intermingled finances, formalized legal obligations, or jointly owned property. There also was no proof that occupant and tenant held themselves out as a family unit or celebrated holidays with other family members.

Landlord sued to evict apartment occupant after rent-controlled tenant died. The court ruled for landlord. Occupant appealed and lost. Occupant didn't prove the type of emotional and financial commitment needed to be eligible for pass-on rights as nontraditional family member. There was no proof, through documents or credible testimony, that tenant and occupant intermingled finances, formalized legal obligations, or jointly owned property. There also was no proof that occupant and tenant held themselves out as a family unit or celebrated holidays with other family members. An unrelated third person was named as a beneficiary of tenant's bank account. Apartment occupant received no similar benefits when tenant died.

Riverview Development Holding Corp. v. Calderon: NYLJ, 7/27/05, p. 23, col. 2 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)

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