Same-Sex Partner Is Nontraditional Family Member

Facts: Landlord sued to evict apartment occupant after rent-stabilized tenant died. Landlord claimed that occupant was the licensee. Occupant claimed that he was tenant's gay life-partner and entitled to pass-on rights. Occupant testified at trial that he'd lived with tenant since the 1980s. Witnesses testified that they'd observed occupant caring for tenant during tenant's illness. Occupant said that he paid telephone and utility bills in tenant's name at a check cashing facility. He said he often used his own money to pay those bills. He also paid the electric bill for four years. Occupant had testified in a 2002 nonpayment case against tenant that he was tenant's nephew, but said that he lied then because of fear of prejudice against gay people. Neither tenant nor occupant had a will. They didn't own a car or any real estate. Occupant paid taxes from the family apartment in which he grew up, in Brooklyn, and was registered to vote there. The current lease for that apartment was in the name of his two sisters. He said that when he first moved into tenant's apartment, the mail- box wasn't secure, so he used his family's address for important mail. He received union benefit information at tenant's address. At his job, he listed the Brooklyn address as his home address, and listed his brother as his emergency contact. He said he didn't name tenant because tenant was in a wheelchair and unable to respond to any emergency call. Tenant's home care attendants testified that occupant shared a bedroom in the apartment with tenant. Occupant testified about preparing meals at the apartment and spending holidays with tenant. A friend testified that he visited tenant and occupant as a couple in the apartment on a number of occasions since the 1980s. Landlord presented proof that tenant's sister made tenant's funeral arrangements and that tenant left occupant some money in a life insurance policy. The policy listed the Brooklyn address as occupant's address. Landlord's building manager testified that he'd seen both tenant and occupant on a number of occasions when he entered the apartment during the two years before tenant died. Court: Landlord loses. Occupant demonstrated that he was a nontraditional family member entitled to pass-on rights. He presented sufficient proof that his life was intertwined with tenant's in a family relationship, and that he lived with tenant in the apartment as his primary residence for at least two years before tenant died.

Lamarche v. Miles: NYLJ, 11/4/05, p. 19, col. 1 (Civ. Ct. Kings; Sikowitz, J)