Tenant's Cousin Can't Get Apartment

September 30, 1997

LVT Number: 11794

Landlord sued to evict rent-stabilized tenant's cousin as licensee after tenant died. Cousin claimed that she was a family member entitled to pass-on rights. The court ruled for cousin, and landlord appealed. The appeals court ruled for landlord. Tenant's cousin wasn't a type of family member specified in the Rent Stabilization Code as entitled to pass-on rights. Cousin also didn't qualify as having a committed family-type relationship with tenant.

Landlord sued to evict rent-stabilized tenant's cousin as licensee after tenant died. Cousin claimed that she was a family member entitled to pass-on rights. The court ruled for cousin, and landlord appealed. The appeals court ruled for landlord. Tenant's cousin wasn't a type of family member specified in the Rent Stabilization Code as entitled to pass-on rights. Cousin also didn't qualify as having a committed family-type relationship with tenant. Although the cousin shared apartment expenses with tenant and took care of him while he was sick, the cousin didn't show financial commitment and interdependence required to prove a family-type relationship.

Bims Realty Corp. v. Durham: NYLJ, p. 30, col. 2 (9/18/97) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Scholnick, JJ)

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