Life Partner Proves Family Relationship with Deceased Tenant

Landlord sued to evict apartment occupant after rent-stabilized tenant died, claiming that he was a licensee who had no right to remain in the apartment. Occupant claimed that he was tenant's life partner entitled to succession rights. The court ruled for occupant after a trial. Tenant lived in the apartment from 1967 until her death in 2010. Occupant dated and lived with tenant during the 1980s, but moved out when they broke up in 1993. He then lived elsewhere and was at one point married to another woman. Tenant and occupant started dating again in 1998, and he moved back in with tenant in 2002. Landlord emphasized that occupant had left tenant, married another, didn't share money with tenant, and traveled during the last two years of tenant's life while she was critically ill. He also rented another apartment and most of his documents connected him with the other apartment. They also didn't commingle their finances. However, it was clear that tenant and occupant were family to each other. Friends and neighbors credibly testified that they were a couple who lived together at tenant's apartment. Both occupant and his subtenant testified that occupant sublet his other apartment for the last eight years of tenant's life. He also cared for tenant during a severe depression that occurred during the last two years of her life. He also listed tenant's apartment as his address on tax returns from 2008 through 2010. Occupant proved his long-term relationship with tenant and that they regularly engaged in family-type activities, shared holidays and celebrations, and held themselves out as family to society.

WSC Riverside Drive Owners LLC v. Williams: Index No. 55954/2011, 2012 NY Slip Op 50995(U), 2012 WL 2005605 (Civ. Ct. NY; 5/30/12; Kraus, J)