Roommate Can't Get Apartment

Facts: Landlord sued to evict occupant. Occupant had moved into the apartment with tenant after separating from her husband. Two years later, tenant died and occupant remained in the apartment. Occupant claimed she was tenant's girlfriend and should get the apartment as a nontraditional family member. Landlord argued that occupant had lived with tenant only as a roommate. Court: The court ruled for landlord. To get the apartment, occupant must prove that she and tenant shared family expenses, intermingled their finances, engaged in family-type activities, held themselves out as family members, and exhibited a long-term, emotionally committed relationship. Occupant couldn't prove any of these things. She and tenant had no joint accounts, and hadn't represented themselves as a family. In fact, she'd told the DSS that she and tenant had a landlord-tenant relationship. Since occupant couldn't prove she and tenant had a nontraditional family relationship, she can't keep the apartment.

883 East 165th Street Tenant Assoc. v. Doe: NYLJ, p. 30, col. 5 (6/22/94) (Civ. Ct. Bronx; Fiorella, J)