Roommate's Relationship with Tenant Had Ended Ten Years Earlier

Landlord sued to evict tenant for nonpayment of rent. Tenant's roommate appeared on tenant's behalf and stipulated that rent would be paid within a certain time. The court ruled for landlord and delayed execution of the eviction warrant. The roommate then came back to court and claimed that she was entitled to the apartment under pass-on laws, and that landlord must accept payments made by the Department of Social Services on her behalf. The court ruled against roommate. Roommate had lived with tenant from 1976 to 1980. Tenant had previously lived in the apartment for eight years on his own. Tenant had shared a familial relationship with roommate and her two children, but then tenant moved out. Roommate seemingly hid this fact from landlord, although she sent landlord a letter in 1985 stating that she and her children were the only occupants of the apartment. All prior eviction actions were brought against tenant, and roommate appeared on his behalf and signed papers in his name. The court ruled for landlord. Landlord had never taken any steps that constituted waiver. Roommate, on the other hand, had never contested tenant's name on renewal leases and, in fact, had signed his name on a 1989 renewal lease. In spite of her letter to landlord, roommate had made no attempt to gain possession of the apartment. And, since her relationship with tenant ended in 1980, roommate couldn't claim that she was a remaining family member of tenant.

Samson Management v. Jurgs: Index No. 77023 (9/13/93) (City Ct. Mt. Vernon; Dowery-Rodriquez, J) [5-page document]