Occupant Wasn't Family Member of Tenant

April 30, 2006

LVT Number: 18826

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed she was a nontraditional family member of tenant's and had pass-on rights to the apartment. The court ruled for landlord. Occupant appealed and lost. Occupant didn't prove that she had an emotional and financial commitment and interdependence with tenant over the years. She submitted no documentary or other credible proof that she and tenant held themselves out as a family unit, celebrated holidays with other family members, intermingled finances, or formalized legal obligations.

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed she was a nontraditional family member of tenant's and had pass-on rights to the apartment. The court ruled for landlord. Occupant appealed and lost. Occupant didn't prove that she had an emotional and financial commitment and interdependence with tenant over the years. She submitted no documentary or other credible proof that she and tenant held themselves out as a family unit, celebrated holidays with other family members, intermingled finances, or formalized legal obligations. Greeting cards exchanged between tenant and occupant 14 years before the trial didn't prove anything. Although occupant and tenant may have been romantically involved at one time, this wasn't sufficient to prove nontraditional family member status.

Matsia Properties Corp. v. Rodriguez: NYLJ, 4/10/06, p. 29, col. 5 (App. T. 1 Dept.; Davis, Gangel-Jacob, JJ)

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