Succession Rights of Younger Man Who Lived With An Unrelated Elderly Tenant
RHM Estates v. Hampshire (18 AD3d 326, 795 NYS2d 214 [1st Dept 2005]) concerns a deceased elderly tenant of record and an unrelated younger man who lived with the tenant of record for 15 years without paying rent.
They shared holiday and birthday celebrations, travel and meals together.
There is no evidence that respondent had any other address during the 15-year period that he lived with the tenant of record.
The court held that the absence of an intermingling of finances does not negate the "family-like" relationship that they shared (Id. at 327and granted respondent succession rights.
In Colon v. Frias (162 Misc 2d 36, 615 NYS2d 618 [Civ Ct, Kings County 1994]), the court held that two elderly women had lived in the subject apartment as sisters until the death of the tenant of record despite their lack of a blood relationship.
"It is difficult to imagine a relationship between two people better illustrating the relationship of family members as contemplated by the Regulations." (Id. at 40.)
Summary judgment was granted to respondent.