Rent-Controlled Tenant's Nephew Claims Succession Rights

Landlord sued to evict apartment occupant after rent-controlled tenant moved out. The court granted tenant's request to dismiss the case, finding that landlord's notice to quit was insufficient and that occupant raised no defense. Occupant appealed, and the case was reopened. Landlord's notice provided sufficient claims for occupant to frame a defense. Occupant also claimed succession rights as a nontraditional family member. He presented some proof that tenant was his uncle, that he had lived with tenant for several years before tenant moved out, shared living expenses, and cared for tenant's ill mother, who lived nearby. So there were issues of fact that required a trial concerning whether occupant lived with tenant in the apartment for at least two years before tenant left and had a relationship based on emotional and financial commitment and interdependence.

Niagara Capital LLC v. Cruz: 2018 NY Slip Op 28332 (App. T. 1 Dept.; 10/24/18; Shulman, PJ, Gonzalez, Edmead, JJ)