Tenant's Close Friend Can't Get Apartment

July 31, 1998

LVT Number: 12526

Landlord sued to evict rent-stabilized tenant's roommate after tenant died. The roommate claimed he had a nontraditional family-type relationship with tenant and was entitled to pass-on rights. The court ruled against the roommate, and the roommate appealed. The appeals court again ruled against the roommate. The roommate had lived with tenant for twelve years before tenant died, and the two were close friends. But they never held themselves out as a family unit, never intermingled finances, and never jointly owned property.

Landlord sued to evict rent-stabilized tenant's roommate after tenant died. The roommate claimed he had a nontraditional family-type relationship with tenant and was entitled to pass-on rights. The court ruled against the roommate, and the roommate appealed. The appeals court again ruled against the roommate. The roommate had lived with tenant for twelve years before tenant died, and the two were close friends. But they never held themselves out as a family unit, never intermingled finances, and never jointly owned property. Tenant also named his brother and nephews as beneficiaries under his will and named his brother as his decision maker under a health care proxy. Tenant's brother gave the roommate a $23,000 gift from the estate but this didn't prove any family interdependence.

9 Charlton Street Corp. v. Scheidell: NYLJ, p. 21, col. 2 (7/24/98) (App. T. 1 Dept.; Freedman, JP, Davis, Gonzalez, JJ)

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