Trial Needed on Whether Occupant Was Nontraditional Family Member

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant admitted that he was now out of the apartment, but apartment occupant claimed succession rights as a nontraditional family member. Landlord asked the court for a ruling in its favor, without a trial. The court ruled against landlord, who appealed and lost. A trial was needed to determine questions of fact as to when tenant permanently vacated the apartment. Tenant stated in pretrial questioning that he “didn’t really move out” but “gradually stayed” at a friend’s apartment and then eventually “stayed there for good.” There were also questions of fact as to whether the apartment occupant lived with tenant in the apartment for two years before tenant’s permanent vacatur, and whether she did so in a relationship based on emotional and financial commitment and interdependence.

123-125 Wadsworth Ave. Realty Corp. v. Gil: 50 Misc.3d 144(A), 2016 NY Slip Op 50244(U) (App. T. 1 Dept.; 3/1/16; Schoenfeld, JP, Shulman, J)