Occupant Didn't Have Enough Proof of Family-Type Relationship with Tenant

April 30, 1997

LVT Number: 11438

(Decision submitted by Stephen C. Shulman of the Manhattan law firm of Borah, Goldstein, Altschuler & Schwartz, P.C., attorneys for the landlord.) Landlord sued to evict the estate of deceased rent-stabilized tenant for illegal subletting. Occupant claimed pass-on rights to the apartment. He and the executrix of tenant's estate claimed that occupant was deceased tenant's life partner. The court ruled for landlord without holding a trial. Occupant showed no supporting proof of any emotional or financial commitment or interdependence with deceased tenant.

(Decision submitted by Stephen C. Shulman of the Manhattan law firm of Borah, Goldstein, Altschuler & Schwartz, P.C., attorneys for the landlord.) Landlord sued to evict the estate of deceased rent-stabilized tenant for illegal subletting. Occupant claimed pass-on rights to the apartment. He and the executrix of tenant's estate claimed that occupant was deceased tenant's life partner. The court ruled for landlord without holding a trial. Occupant showed no supporting proof of any emotional or financial commitment or interdependence with deceased tenant. And since there was no proof of a family-type relationship with tenant, the court didn't consider how long occupant had lived in the apartment.

328 W. 11th St. Realty v. Veloric: Index No. 097865/96 (1/6/97) (Civ. Ct. NY; Payne, J) [1-page document]

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