Tenant sought an injunction barring the public administrator (PA) from selling the property of the deceased landlord or continuing an eviction proceeding against him. He claimed to be the owner of the landlord’s real estate as she expressed a desire to give him her home as a gift.

The landlord lived in an apartment on the second floor and rented out the first floor apartment. Soon after the tenant moved into the apartment, the landlord’s health deteriorated and the tenant provided assistance with her household chores, such as cooking and cleaning.

He alleged that the landlord refused to accept any rental payments from him. The landlord gave the tenant the deed to the premises, insurance papers for the property, and the original contract of sale.

The PA denied that the landlord made a completed gift of the property based on the tenant’s affidavit that the landlord offered to give him the property, but he refused to accept her gift.

The Surrogate’s Court of Kings County, New york concluded that to establish a completed gift of real estate, it must be shown that there is:

(1) the intention to make an irrevocable present transfer of ownership,

(2) delivery of a deed or other writing;,and,

(3) acceptance by the donee.

The burden of proof is on the donee to show the requisite intention to make an irrevocable present transfer of ownership. Without such written evidence, the transfer is incomplete.

The court stated that the delivery of documents to the tenant did not establish a completed gift, but was consistent with his role as the landlord’s agent in managing the property. In denying the tenant’s motion for injunctive relief, the court found he failed to prove that he accepted the gift.