Tenant's Gay Life Partner Is Disabled

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein McConnell Gribben & Donoghue, attorneys for the tenant.) Facts: Landlord didn't renew rent-stabilized tenant's lease and then sued to evict tenant. Landlord wanted the apartment for her son to live in. Tenant's gay life partner had lived in the apartment with him for 17 years and was disabled because of AIDS. Under the Rent Stabilization Code, landlord can't recover an apartment for owner occupancy if tenant or tenant's spouse is disabled unless landlord offers tenant equivalent or better housing. Tenant argued that the disabled spouse provision applied to his life partner. Landlord claimed that the regulation didn't apply to anyone other than married couples and asked the court to dismiss tenant's defense. Court: The court ruled against landlord. New York's highest court recently permitted gay life partners to raise a discrimination claim against a New York City university for refusing to give them married student housing. New York's highest court also previously extended pass-on rights for family members to gay couples. So the disabled spouse provision of the owner occupancy rules under rent stabilization should also be interpreted to include gay life partners.

Mandell v. Cummins: NYLJ, 7/25/01, p. 18, col. 4 (Civ. Ct. NY; Hoffman, J)