Claimed Polyamorous Partner Can Seek Succession Claim to Rent-Stabilized Apartment

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed succession rights as a nontraditional family member. Landlord asked the court to rule against occupant without a trial, claiming that occupant was merely tenant's roommate. In response, the occupant detailed his relationship with tenant as polyamorous, claiming that it was a romantic relationship secondary to tenant's long-term partnership. The court ruled against landlord. A trial was needed to determine the facts regarding the nature of occupant's relationship with the deceased tenant. Occupant's non-monogamous relationship didn't automatically preclude his succession claim.

West 49th St., LLC v. O'Neill: Index No. 301352/2022, 2022 NY Slip Op 22296 (Civ. Ct. NY; 9/23/22; Bacdayan, J)