Landlord Claims Tenant's Husband Is Illegal Occupant

Facts: Tenant moved into a rent-stabilized apartment in 1980, and got married in 1984. In 1989, in the middle of her most recent renewal lease, tenant asked landlord to add her husband's name to the lease. Landlord refused, claiming that he didn't get proof of the marriage. In 1990, landlord claimed that tenant had moved out and illegally sublet the apartment to her husband and other subtenants. Landlord sued to evict tenant and subtenants. Landlord claimed that the marriage was a sham, that the husband was gay and had AIDS, and that the couple had no children and had separate bank accounts. Court: Landlord loses. Tenants who are married to each other don't have to show emotional and financial interdependence to prove they are a family unit. Tenants' relationship is protected by law. The details of their married life aren't an issue. Tenant's husband is entitled to a renewal lease as an immediate family member of tenant.

[Gottlieb v. Martha A. and George B.: NYLJ, p. 22, col. 5 (12/4/92) (Civ. Ct. NY; Stallman, J)].