Rent-Controlled Tenant's Life Partner Gets Apartment

Landlord sued to evict apartment occupant some time after rent-controlled tenant died, claiming that she was a licensee whose right to live in the apartment ended when tenant died. The occupant claimed succession rights. She said she had lived with tenant in the apartment since 1992, that they were life partners, and that he was about 20 years older than her. The tenant became ill in 2008 when he collapsed while visiting Florida without the occupant. Tenant's daughter then took over his care, and tenant remained out of state until he died in 2009. After tenant died, the occupant continued to pay rent in tenant's name through 2017. At that point, landlord commenced the eviction proceeding against her.

The court ruled for occupant after trial, finding she had proved a long-term emotional and financial commitment and interdependence between herself and tenant that constituted a family relationship. Four "disinterested" non-party witnesses, including occupant's doctor and a former co-worker, testified about their observations of the occupant and tenant in a stable, long-term romantic relationship. While there was no documentary evidence of financial interdependence or any formalization of legal obligations, the occupant showed documentary proof of the apartment as her long-term address and gave credible testimony about the romantic nature of her relationship with tenant and how they shared household expenses. The court also pointed out that, unlike rent-stabilized tenancies where periodic renewal leases are involved, there was no requirement under rent control for the occupant to take some action with respect to changing the identification information pertaining to the tenancy after tenant died. The court considered the "totality of the circumstances" regarding tenant's vacatur and the conduct of all parties in making its decision.

Westside Ventura II LLC v. Henderson: Index No. 72423/2017, 2025 NY Slip Op 30620 (Civ. Ct. NY; 2/4/25; Stoller, J)