Occupant Didn't Have Family Relationship with Tenant

LVT Number: 6775

Facts: Landlord sued to evict occupant after rent-stabilized tenant moved out of the apartment. Occupant claimed that he was a remaining family member entitled to take over the apartment. Tenant had lived in the apartment from 1981 until June 1992. Occupant moved into the apartment with tenant in August 1991. Occupant claimed that tenant and he were in a committed relationship and shared the apartment with the children of both. Occupant claimed that he stayed at home while tenant worked, that they shared expenses, and that he paid tenant his share of expenses in cash.

Facts: Landlord sued to evict occupant after rent-stabilized tenant moved out of the apartment. Occupant claimed that he was a remaining family member entitled to take over the apartment. Tenant had lived in the apartment from 1981 until June 1992. Occupant moved into the apartment with tenant in August 1991. Occupant claimed that tenant and he were in a committed relationship and shared the apartment with the children of both. Occupant claimed that he stayed at home while tenant worked, that they shared expenses, and that he paid tenant his share of expenses in cash. Tenant moved out of the apartment less than a year after occupant moved in because of growing personal difficulties in the relationship. Court: Landlord wins. Tenant and occupant didn't share the apartment long enough to establish proof of a long-term, emotionally committed relationship. Occupant also didn't have enough proof of shared expenses

[Allerton Associates v. Shannon: NYLJ, p. 26, col. 6 (2/26/93) (Civ. Ct. Bronx; Fiorella, J)].