Landlord Must Relocate Tenant's Disabled Life Partner

Facts: Landlord sued to evict rent-stabilized tenant to recover apartment for personal use. Tenant lived with his gay life partner, who was disabled. Under the Rent Stabilization Code, if a tenant or tenant's spouse is disabled, landlord can't recover an apartment for personal use unless he relocates tenant to similar or better housing nearby at the same or lower rent. Tenant claimed that the code section in question should be applied to his life partner. Court: Tenant wins. At one time, the Rent Stabilization Code provided that pass-on rights went to a tenant's spouse or specified family members. The state's highest court previously ruled that pass-on rights should also go to nontraditional family members. The court ruled that, similarly, owner occupancy protections that apply to a tenant's spouse should apply also to nontraditional family members. If landlord proves she is entitled to owner occupancy, she must relocate tenant and his life partner.

Knafo v. Ching: NYLJ, 12/6/00, p. 28, col. 2 (Civ. Ct. NY; Schneider, J)