Afe Realty Corp. v. Diamond

A review of the record indicates that occupant met his affirmative obligation of establishing succession rights to the rent-controlled apartment as a nontraditional family member of the tenant of record with whom he alleges to have had a "mother-son" relationship (see NY City Rent and Eviction Regulations [9 NYCRR] § 2204.6 [d]). In order to have met said obligation, occupant needed to establish that he lived with the tenant of record, as his primary residence, for a period of two years immediately before she vacated said premises, and had a qualifying familial relationship with her which included both an emotional and financial commitment, and interdependence (see NY City Rent and Eviction Regulations [9 NYCRR] § 2204.6 [d] [3]), not just a sharing of the expenses of the premises (see Bims Realty Corp. v Durham, NYLJ, Sept. 18, 1997 [App Term, 2d & 11th Jud Dists]; GSL Enterprises, Inc. v Goldstein, NYLJ, July 13, 1999 [App Term, 1st Dept]).