Roommate Was ‘Close Friend' of Tenant

Landlord sued to evict rent-controlled tenant's roommate after tenant died. Roommate claimed he had a family-type relationship with tenant. The court ruled for landlord, and tenant appealed. The appeals court again ruled for landlord. Roommate didn't prove emotional and financial commitment and interdependence with tenant. Roommate testified that he and tenant shared expenses, held some credit cards jointly, vacationed together five times over their 11-year relationship, and that he helped care for tenant during tenant's illness. But there was no documentation of intermingled finances, and no testimony from friends, neighbors, or family members that would support a family-type as opposed to a ``close-friend'' relationship. Tenant had also signed a power of attorney in his sister's favor and amended his will to state that his sister should ``inherit'' the apartment.

GSL Enterprises, Inc. v. Lopez: NYLJ, p. 27, col. 4 (5/5/97) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Wallach, Rubin, Tom, JJ)