Tenant's ‘Close Friend' Can't Get Apartment

December 1, 1994

LVT Number: 9286

Landlord sued to evict roommate after tenant died. Roommate claimed she was entitled to pass-on rights because she and tenant had lived together in a sibling-like relationship. Landlord argued that roommate didn't meet the requirements of a nontraditional family member because she and tenant had neither held themselves out as a family unit nor shown emotional and financial commitment. They didn't intermingle their finances, jointly own property, jointly celebrate most major holidays together, or attend important celebrations with each other's family.

Landlord sued to evict roommate after tenant died. Roommate claimed she was entitled to pass-on rights because she and tenant had lived together in a sibling-like relationship. Landlord argued that roommate didn't meet the requirements of a nontraditional family member because she and tenant had neither held themselves out as a family unit nor shown emotional and financial commitment. They didn't intermingle their finances, jointly own property, jointly celebrate most major holidays together, or attend important celebrations with each other's family. The court ruled for landlord, and roommate appealed. Roommate loses. Roommate met none of the criteria for nontraditional family membership. She was merely a ''close friend'' of tenant's.

Seminole Realty Co. v. Greenbaum: NYLJ, p. 25, col. 1 (11/25/94) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Ellerin, Kupferman, Williams, JJ)

Topics

More like this