Girlfriend Doesn't Prove Nontraditional Family Relationship

April 30, 2011

LVT Number: #23355

Landlord sued to evict apartment occupant after rent-stabilized tenant died. She claimed that she lived with tenant in a nontraditional family relationship and that he intended to marry her. The trial court ruled for landlord. Occupant appealed and lost. Occupant and her sister testified that occupant lived in a long-term relationship with tenant. She claimed that tenant gave her money to deposit into her accounts to pay household bills, but this was insufficient to demonstrate the sharing of household and other necessary expenses, or the intermingling of finances.

Landlord sued to evict apartment occupant after rent-stabilized tenant died. She claimed that she lived with tenant in a nontraditional family relationship and that he intended to marry her. The trial court ruled for landlord. Occupant appealed and lost. Occupant and her sister testified that occupant lived in a long-term relationship with tenant. She claimed that tenant gave her money to deposit into her accounts to pay household bills, but this was insufficient to demonstrate the sharing of household and other necessary expenses, or the intermingling of finances. There was insufficient proof of any domestic partnership.

Jackson Surrey 35th LLC v. Litvinova: NYLJ, 4/27/11, p. 29, col. 3 (App. T. 2 Dept.; Pesce, PJ, Weston, Rios, JJ)

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