Tenant's Brother-in-Law Gets Apartment

Landlord sued to evict rent-controlled tenant's brother-in-law after tenant moved out. The trial court ruled against landlord and landlord appealed. The appeals court again ruled against landlord. The brother-in-law moved in with tenant and tenant's wife (his sister) in 1967 when they got married. He was then 15 years old. He lived in the apartment as his primary residence with tenant for five years. His mother had died shortly after he moved in with tenant. Tenant and his wife moved out of the apartment in 1972 and brother-in-law remained. During the period when they lived together, the brother-in-law's relationship with tenant showed emotional and financial commitment and interdependence. It therefore qualified as a family relationship under the definitions in the rent control regulations.

15th Associates v. Bruno: NYLJ, p. 25, col. 1 (4/12/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, Glen, JJ)