Tenant's Former Girlfriend Can't Get Apartment

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant admitted that he no longer lived in the apartment. Tenant's former girlfriend remained in the apartment and claimed she had succession rights. The trial court ruled for the girlfriend. Landlord appealed and won. Trial testimony showed that tenant and the girlfriend lived in the apartment as a couple in the mid-1980s, but by 1999 the relationship had ended. Tenant moved out in 1999, although he continued to renew the lease through 2003. So there were no grounds to find that the girlfriend had lived together with tenant in a family-type relationship for at least two years before tenant permanently moved out of the apartment in 2003. By 2001, tenant wasn't living in the apartment and was no longer in a relationship with the girlfriend.

72A Realty Associates v. Kutno: NYLJ, 5/22/07, p. 27, col. 1 (App. T. 1 Dept.; McKeon, PJ, McCooe, Schoenfeld, JJ)