Tenant's Grandniece Can't Get Apartment

November 1, 2006

LVT Number: 19213

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant was tenant's grandniece and claimed succession rights to the apartment. The court ruled for landlord. Occupant appealed and lost. A grandniece isn't listed in rent control regulations among the types of family members entitled to pass-on rights. The court also found no commingling of finances, no joint ownership of anything, and no indication that the grandniece shared the household or family expenses with tenant.

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant was tenant's grandniece and claimed succession rights to the apartment. The court ruled for landlord. Occupant appealed and lost. A grandniece isn't listed in rent control regulations among the types of family members entitled to pass-on rights. The court also found no commingling of finances, no joint ownership of anything, and no indication that the grandniece shared the household or family expenses with tenant. Since there was no emotional and financial commitment and interdependence, the grandniece didn't qualify for pass-on rights as a nontraditional family member.

965 Amsterdam Ave., LLC v. Depena: NYLJ, 10/2/06, p. 32, col. 2 (App. T. 1 Dept. McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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