Tenant's Business Assistant Can't Get Apartment

Landlord sued to evict occupant after rent-stabilized tenant died. Occupant claimed to have had a family-type relationship with tenant. The court ruled for landlord, and occupant appealed. Occupant was employed as tenant's business assistant and also had a personal relationship with him. The appeals court ruled against occupant. While occupant claimed to be financially dependent on tenant, tenant and occupant didn't share household expenses, intermingle their finances, formalize any legal obligations, or hold themselves out as a family unit to their respective families, the public, or even close friends. Tenant made no provision for occupant by will, insurance, or otherwise. The relationship wasn't characterized by the emotional and financial commitment and interdependence required for family member pass-on rights.

390 West End Assocs. v. Wildfoerster: NYLJ, p. 27, col. 1 (5/30/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)