Occupant Was Nontraditional Family Member

February 1, 2001

LVT Number: 14721

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was entitled to pass-on rights as tenant's nontraditional family member. The court ruled for occupant. Landlord appealed and lost. Occupant showed that she and tenant had lived as husband and wife in the apartment for three years before tenant died. Although there wasn't much documentary proof of joint finances, this didn't prove there was no relationship, because occupant got public assistance and both she and tenant were of modest means.

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was entitled to pass-on rights as tenant's nontraditional family member. The court ruled for occupant. Landlord appealed and lost. Occupant showed that she and tenant had lived as husband and wife in the apartment for three years before tenant died. Although there wasn't much documentary proof of joint finances, this didn't prove there was no relationship, because occupant got public assistance and both she and tenant were of modest means. Through her own testimony and that of relatives and neighbors, occupant showed that she and tenant held themselves out as a committed couple to families, friends, and neighbors.

176 E. 3rd St. v. Wright: NYLJ, 1/19/01, p. 26, col. 6 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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