Rent-Stabilized Tenant's Niece Proves Succession Rights as Nontraditional Family Member

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Landlord claimed that the occupant, who was the tenant's niece, no longer had a license to occupy the apartment. The trial court ruled against landlord, finding that the niece proved that she was a nontraditional family member who had succession rights to tenant's apartment.

Landlord appealed and lost. The lower court based its ruling on a finding that the niece proved six of the eight factors needed under RSL Section 2520.6(o)(2) to prove the existence of a nontraditional family relationship. The niece admitted she hadn't intermingled finances or formalized legal obligations, intentions, and responsibilities with tenant. But no single factor was determinative in determining whether the relationship existed. The lower court's conclusion that the tenant had formed a nontraditional family relationship with her niece was amply supported by the record. The niece also demonstrated that she and tenant co-resided in the apartment for several years immediately prior to the tenant's departure in 2017 to live with her son, who provided for her care.

Jeremy Props., LLC v. Franklin: Index No. 2023-235 KC, 2023 NY Slip Op 51395(U)(App. T. 2 Dept.; 12/8/23; Buggs, JP, Mundy, Hom, JJ)