Common-Law Husband Gets Pass-on Rights

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he was tenant's common-law husband and was entitled to pass-on rights. Landlord claimed that there was no proof of any financial interdependence between tenant and occupant. The court ruled against landlord and dismissed the case. Given the couple's limited income, lack of extensive proof of significant financial intermingling didn't bar a finding of sufficient emotional and financial interdependence. Occupant had lived with tenant for 10 years before she died, showed photographs of them together at family gatherings, was the sole beneficiary of tenant's $10,000 life insurance policy, and shared a joint savings account with her. Tenant also had been the named beneficiary of occupant's life insurance policy.

Wiener Mgmt. Co. v. Trockel: NYLJ, 8/28/02, p. 22, col. 6 (Civ. Ct. Queens; Brown, J)