Rent-Controlled Tenant’s Nephew Has No Succession Rights

Landlord sued to evict apartment occupant, who was tenant’s nephew, after rent-controlled tenant died. The nephew claimed succession rights. He had moved into the apartment in 2010 as a companion to tenant, who was elderly and could no longer live alone. This arrangement was set up by tenant’s daughter, who handled tenant’s affairs. The nephew was given a room in the apartment rent-free in exchange for caring for tenant when tenant’s daughter and hired caregiver were not available. As tenant’s health declined, the nephew took on responsibilities of accompanying tenant to appointments several times per week. But tenant’s hired caregiver also assisted tenant with medical appointments and shopping and her hours increased between 2010 and tenant’s death in 2013.

The court ruled for landlord after a trial. The nephew, who was a senior citizen, failed to prove that the apartment was his primary residence for at least a year before tenant died. He produced no cell phone bill statements or Social Security payment statements, which would have shown his address. And even if the nephew had proved primary residence, he failed to establish a nontraditional family relationship with tenant. The nephew received consideration for whatever duties he took on in the form of rent-free use of the apartment. For the most part, he and tenant maintained separate lives during that period. Tenant left the nephew nothing in her will. He wasn't designated as tenant’s health care proxy and didn’t intermingle finances with tenant. While the nephew did pay for groceries, this was negotiated with tenant’s daughter and was specifically in consideration for his rent-free living arrangement. There also was no proof that tenant and the nephew spent time together outside of his obligations as tenant’s part-time caregiver.

Edgecombe Avenue 291 Realty LLC v. Devore: 49 Misc.3d 1206(A), 2015 NY Slip Op 51495(U) (Civ. Ct. NY; 10/9/15; Kraus, J)