Roommate Didn't Prove He Shared Intimate Relationship with Tenant

Landlord sued to evict roommate after rent-controlled tenant died. Roommate claimed that he shared a family-type relationship with tenant. The court ruled for landlord, and the roommate appealed. The roommate had lived with tenant 11 years, slept in the same bed, shared household expenses, held two credit cards jointly, and vacationed with tenant on at least five occasions. The appeals court ruled against roommate. The court found that there was no proof of intermingled finances, joint ownership of property, or any documents formalizing legal obligations. No friends, neighbors, or family members confirmed the family-type relationship that the roommate claimed. In fact, tenant gave his sister a power of attorney during his last illness and signed a document reflecting his desire that his sister inherit the apartment. Therefore, roommate didn't prove emotional and financial commitment and interdependence with tenant.

GSL Enterprises v. Lopez: NYLJ, p. 21, col. 1 (7/31/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)