Rent-Stabilized Tenant's Niece Can't Get Apartment

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was tenant's niece and that she was entitled to succession rights. The court ruled for landlord after a trial. Tenant lived in the apartment as his primary residence until he died in 2018. The niece showed that she moved in with tenant in 2014. But a niece doesn't qualify as a family member under rent stabilization, and the niece didn't present sufficient proof that she qualified as a nontraditional family member through emotional and financial commitment. The niece testified that she and tenant had an agreement to help each other, the tenant helped her with car fare, and she helped with the food, cooked dinner when she came home from work, contributed to the rent, and helped tenant when he became too ill to care for himself. But her testimony lacked detail to support a claim that she was more than a live-in aide and that both benefitted from that arrangement. The niece didn't know who tenant's parents were, and offered no details as to any of tenant's other family members or about his finances. She presented no photographs, health care proxy, or testimony of other relatives or friends to prove her relationship with tenant. A live-in caretaker who doesn't otherwise qualify as a family member doesn't have succession rights under rent stabilization. 

Tri-Bel, LP v. Everett: Index No. 64957/2018, 2019 NY Slip Op 50239(U) (Civ. Ct. Bronx; 2/20/19; Lutwak, J)