Question Presented
Can Ms. Barbara Mclusky, a tenant who is not related by blood, marriage, or adoption be evicted from her rent stabilized apartment after the death of the tenant of record?
Brief Answer
No. A person has the right to qualify for eviction protection after death of a tenant: if they are a family member or have a family style relationship, and reside with tenant as a primary residence and, can prove emotional and financial commitment and interdependence between such person and the tenant. However no single factor shall be solely determinative. A court would rule in favor of Ms. Barbara Mclusky because she met the statutory requirements for emotional commitment, financial commitment and interdependence.
Discussion
I. Was there emotional dependence between Ms. Barbara Mclusky and Ms. Rosalind Shapiro? Ms. Mclusky meets the statutory requirements for emotional dependence. A family member is defined as: any other person residing with the tenant in the housing accommodation as a primary residence who can prove emotional and financial commitment, and interdependence between such person and the tenant. Evidence which is to be considered in determining whether such emotional… commitment existed, may include: longevity of the relationship, regular …show more content…
Hampshire (RHM Estates v Hampshire, 18 AD3d 326 [1st Dept 2005].), a landlord sued and attempted to evict a tenant after the death of the tenant of record. The respondent lived in the apartment for 15 years without paying rent. The two tenants traveled together frequently, ate breakfast together, and took care of each other (Id.) The court held that although there was no evidence of intermingling of finances, the absence of this factor did not refute the fact that the tenant and respondent had a family-style relationship (Id.) According to the rule no single factor is solely determinative, because of this the landlord was not permitted to evict the tenant from his residence.