Tenant's Cousin Can't Get Apartment

February 8, 2012

LVT Number: #23895

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out. Occupant claimed succession rights as a nontraditional family member and said she was tenant's cousin. The court and appeals court ruled against occupant. At trial, occupant didn't prove an emotional and financial commitment and interdependence with tenant, and admitted that they weren't close any more. There were no shared bank accounts, intermingling of finances, formalized legal obligations, or jointly owned property.

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out. Occupant claimed succession rights as a nontraditional family member and said she was tenant's cousin. The court and appeals court ruled against occupant. At trial, occupant didn't prove an emotional and financial commitment and interdependence with tenant, and admitted that they weren't close any more. There were no shared bank accounts, intermingling of finances, formalized legal obligations, or jointly owned property.

509 Realty Co., LLC v. Wright: NYLJ, 1/4/12, p. 22, col. 1 (App. T. 1 Dept.; Lowe III, PJ, Shulman, Torres, JJ)

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