Rent-Stabilized Tenant's Former Life Partner Gets Apartment

Landlord sued to evict rent-stabilized tenant and immediate family members based on tenant's nonprimary residence. In response, an apartment occupant claimed succession rights. The court ruled for the occupant after trial, finding that she was a family member who lived in the apartment with tenant for at least two years before he moved out in 2006. The occupant credibly testified that she and tenant were romantically involved in a relationship akin to that of husband and wife, that they moved into the apartment together in 1997, raised 3 daughters and engaged in typical family dynamics where tenant financially supported them while she was responsible for day-to-day household operations. They celebrated holidays and attended social functions together as a family. Occupant's testimony was corroborated by her daughter and by tenant. It didn't matter that tenant signed a renewal lease and continued to make rent payments after he moved out of the apartment, and this didn't extend the relevant time period.

Westchester Plaza Holdings, LLC v. Boyd: 60 Misc.3d 1230(A), 2018 NY Slip Op 51273(U) (City Ct. Mt. Vernon; 9/7/18; Seiden, J)