Shareholder-Tenant's Romantic Partner Can't Inherit Apartment as "Spouse"

A co-op apartment occupant lived in the apartment for 13 years with her "long-time romantic partner," who was the shareholder-tenant of the unit and who left the apartment to the occupant in his will. After the shareholder died in 2019, the occupant sought to acquire the proprietary lease and shares from the co-op board, which refused to transfer the unit. The occupant owned a separate unit in the building and, in 2018, she and the former shareholder-tenant had asked the co-op board to add her name as a shareholder and tenant of his unit. The board refused, after requesting and not receiving from the couple a marriage license, domestic partnership certificate, or other proof that occupant was the shareholder's spouse. 

The occupant filed an Article 78 court appeal of the co-op's decision, claiming that she was entitled to the apartment under the shareholder's will and a proprietary lease provision authorizing an automatic transfer to a shareholder's "spouse," and that the co-op was discriminating against her on the basis of marital status under the NYC Human Rights Law.

The court ruled against occupant, who then appealed. The First Department appeals court dismissed her petition. The occupant then appealed to New York's highest court, which ruled against her.

The Court of Appeals ruled that the term "marital status" in the NYC Human Rights Law referred only to whether someone was single, married, divorced, separated, or widowed, and not to their relationship to a particular person. The Court rejected occupant's argument that the law's liberal construction provisions required a broader interpretation to cover unmarried couples. The Court also found that the inclusion of "partnership status" as a separate protected category in the NYC Human Rights Law indicated that the City Council didn't intend "marital status" to cover unmarried couples. If the City Council wanted to extend protections to such couples, it could amend the laws.

McCabe v. 511 W. 232nd Owners Corp.: Case No. 91, 2024 NY Slip Op 06290 (Ct App.; 12/17/24; Halligan, J, Garcia, Singas, Cannataro, Troutment, JJ [concur], RIvera, J [dissent]