20-Year Relationship Wasn't Enough for Pass-On Rights

Facts: Landlord sued to evict roommate after rent-stabilized tenant died. Roommate had lived with tenant from 1976 to 1978 and again for more than two years prior to tenant's death from AIDS in 1993. Roommate claimed he had a 20-year family-type relationship with tenant. The court and appeals court ruled for landlord, finding no proof of a relationship other than statements of roommate and tenant's friends. Roommate appealed again. Court: Roommate loses. He continued to receive mail at a different address and used that address for credit applications and on his driver's license and tax returns. And while roommate was totally dependent on tenant financially, there was no commingling of finances or household expenses. Although tenant had the means to do so, tenant didn't make a will and made no other provision for roommate after tenant's death. There were no pictures, letters, notes, or other mementos showing a family relationship. Roommate worked for tenant and occasionally entertained and traveled with him. Roommate claimed that tenant was very private and wouldn't acknowledge a family relationship with roommate. The court ruled that it couldn't acknowledge a relationship if tenant hadn't done so.

390 West End Assocs. v. Wildfoerster: NYLJ, p. 26, col. 2 (7/28/97) (App. Div. 1 Dept.; Milonas, JP, Nardelli, Williams, Andrias, JJ)