No Proof Roommate Was in Family-Type Relationship with Tenant

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he had lived with tenant for 43 years in a nontraditional, spousal, family relationship, and therefore had succession rights. The court ruled for landlord after a trial. Occupant failed to prove he had an emotional or financial commitment and interdependence with tenant. Occupant filed tax returns from his sister's address in Queens, listed this address as his permanent home address on these returns, and maintained a post office box in Queens. Occupant claimed that tenant forbade him from receiving mail at the apartment. But occupant presented no driver's license or passport listing the apartment as his address. There was no proof of an emotional relationship such as power of attorney or health care proxy, no photographs of tenant and occupant together, and no letters, cards, or notes to each other. Occupant acknowledged that they didn't hold themselves out as a couple to friends and family. Tenant's brother testified at trial that, to his knowledge, the two were nothing more than friends. There also was no proof of any financial interdependence. Occupant wasn't named in tenant's will, wasn't involved in planning or paying for tenant's funeral, and showed no proof that he paid for food for the two of them. Occupant also never visited tenant during tenant's last months in a nursing home, and was reimbursed by tenant's family when he bought pajamas for tenant.

66 W. 69th St. LLC v. Norton: Index No. L&T56519/15, NYLJ No. 1202799922354 (Civ. Ct. NY; 9/28/17; Lau, J)