Same-Sex Partner Can Block Production of Tenant's Medical Records at Trial

Landlord sued to evict the roommate after rent-stabilized tenant died. The roommate claimed that she was tenant’s same-sex partner and had pass-on rights. Landlord sent trial subpoenas to the hospital and social work organization that treated tenant before she died, demanding production of certain records in court. Landlord claimed that the records would show that tenant didn’t have a financial or emotional relationship with the roommate. The roommate asked the court to quash the subpoenas so that the records couldn't be produced in court. She claimed that disclosing medical documents would violate tenant’s privacy. Landlord argued that the roommate had no standing to block the document production.

The court ruled for the roommate. The court found that the roommate would have standing to quash if she was tenant’s spouse, and tenant and her roommate had filled out domestic partnership applications before tenant died. Besides, the roommate didn’t make tenant’s physical or mental health an issue in the case. The issue was tenant’s relationship with her roommate. Tenant’s medical and social-work records were confidential under state and federal law, and landlord presented no exception under applicable laws for forcing production of those records at trial.

1 Christopher Realty LLC v. Miller: NYLJ, 7/1/09, p. 27, col. 1 (Civ. Ct. NY; Lebovits, J)