Landlord Can't Evict Former Same-Sex Partner as Licensee

Landlord sued to evict apartment occupant after sending her a 10-day notice to quit. Landlord claimed that occupant was a licensee who no longer had permission to remain in the apartment. Occupant asked the court to dismiss the case. She had lived with landlord in the apartment as same-sex partners, and paid no rent. But she claimed that she commingled finances with landlord, and they had agreed to have a child together. Occupant won and the court dismissed the case. Landlord was the birth mother of a child born after artificial insemination by occupant’s cousin. By agreement, the child was given the surnames of both women. Landlord had moved out of the apartment with the child in 2009, when the relationship became troubled. Although there was no domestic partnership agreement, the two had lived together for a number of years with the intent to form a lasting family unit. So occupant wasn’t a licensee and landlord couldn’t maintain an eviction proceeding.

Phelps v. Ray-Chaudhuri: NYLJ, 7/8/10, p. 29, col. 5 (Civ. Ct. Kings; Lau, J)