Roommate Claimed Right to Apartment

Landlord sued to evict roommate for nonpayment of rent after occupant died. Roommate claimed he was entitled to the apartment under the nontraditional family member theory, because he'd moved into the apartment as occupant's gay life partner. Occupant first began living in the apartment with tenant as his life partner. When tenant moved out, occupant stayed in the apartment. Tenant didn't sublet the apartment to occupant, or assign the lease to him, and occupant continued to pay the rent in tenant's name for 21 years until occupant's death. The court ordered roommate evicted. Occupant had no rights to the apartment to pass on to roommate, even if he and roommate qualified as nontraditional family members. Occupant never had a lease in his name, nor paid rent in his own name, so he'd never achieved tenant status.

Plon Realty Corp. v. Parpas: NYLJ, p. 22, col. 6 (12/21/94) (Civ. Ct. NY; Katz, J)