Occupant Had Family-Type Relationship with Tenant

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed to have had a family-type relationship with tenant and asked the court to dismiss the case without a trial. The court ruled against occupant because occupant and tenant had no joint bank account. The court also ruled that landlord could conduct pretrial questioning. Occupant appealed. The appeals court ruled for occupant. Occupant had already shown sufficient proof of a family relationship. Tenant and occupant were together 24 years, were authorized to use each other's credit cards, were named as the principal beneficiaries and alternate executors in each other's wills. Occupant was also the sole beneficiary of tenant's life insurance policies. The couple had also registered as domestic partners with the City of New York, and occupant had produced sworn statements from many people stating that occupant and tenant held themselves out as a couple for many years.

Classic Properties v. Martinez: NYLJ, p. 29, col. 2 (5/3/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)