Landlord sued to evict rent-stabilized tenant on owner-occupancy grounds. Landlord claimed that he needed tenant’s apartment for use by himself and his immediate family members. Tenant asked the court to dismiss the case without a trial. She claimed that her roommate was her “husband,” and that he was over 62 years old and disabled. They had lived together in the apartment for more than 40 years, and had two children together. Under Rent Stabilization Code Section 2524, landlord can’t recover tenant’s apartment for owner occupancy if tenant or tenant’s spouse is elderly or disabled unless landlord offers tenant an equivalent alternative housing accommodation.
The court ruled against tenant. Tenant and her roommate chose to live in the apartment for 40 years without getting married. There was no legal reason that they couldn’t get married. So tenant must accept the consequences of this decision. She couldn’t get the benefit of the Rent Stabilization Code provision that protected only tenants and their spouses.
Zunce v. Rodriguez: NYLJ, 11/5/08, pg. 35, col. 1 (Civ. Ct. Kings; Heymann, J)
