Co-op Shareholder Tenant Seeks to Evict Gay Life Partner

Co-op apartment shareholder tenant sued to evict his gay life partner, after sending the partner a notice to quit and claiming that he was a licensee. The partner argued that he wasn't a licensee, but a family member, and that he had recently commenced divorce proceedings where any issues concerning his continued occupancy of the apartment could be addressed. The court denied the tenant's request to grant him possession and an eviction warrant without trial. A trial was needed to determine the facts. Courts generally didn't permit treatment of family members as licensees while a divorce or annulment proceeding was ongoing. It was also unclear if the partner's divorce action could go forward, since the parties were never legally married.

Aloni v. Oliver: 64 Misc.3d 1223(A), 2019 NY Slip Op 51235(U) (Civ. Ct. NY; 8/6/19; James, J.)