Roommate Shared ‘Family Type' Relationship with Tenant

Landlord sued to evict rent-controlled tenant's roommate after tenant died. Landlord, who bought the cooperative shares to tenant's apartment in 1985, claimed he'd visited the apartment once in 1986 and was told that tenant's roommate was a visiting friend. But roommate showed that she'd lived continuously in the apartment with tenant from 1975 until tenant's death, and shared an exclusive, intimate, loving family relationship with her. Roommate and witnesses showed that the couple shared financial, familial, and emotional commitments and responsibilities, and that they'd spent holidays together with each other's families and children. Each was responsible for the other's health care and medical decisions in case of emergency. They'd pooled their income and held a joint bank account. The roommate was the beneficiary of tenant's insurance policy and had inherited tenant's possessions when tenant died. The court ruled for roommate. Her relationship with tenant fit under the definition provided in the rent control regulations of family member.

O'Malley v. Silva: NYLJ, p. 25, col. 3 (12/15/93) (Civ. Ct. Queens; Franke, J)