Tenant's Life Partner Gets Apartment

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed pass-on rights. She said that she had lived with tenant as his life partner for 20 years before tenant died. Landlord argued that occupant and tenant didn't intermingle their finances. The court ruled for occupant after a trial. While there was little financial commingling between tenant and occupant, neither had much money and they shared household expenses. Tenant also maintained separate finances in his prior marriages. Occupant showed that she and tenant were committed to sharing every aspect of their lives together, living as a family at the apartment. They vacationed together, spent leisure time with family and friends as a couple, and spent most of their free time together. Tenant's printed obituary and condolence cards sent after tenant's death referred to occupant as tenant's life partner. Greeting cards tenant sent to occupant over a number of years also demonstrated that they were in a committed relationship. They also cared together for tenant's son from a prior marriage. Occupant proved that she qualified as a nontraditional family member entitled to succession rights under Rent Stabilization Code Section 2204.6(d). The case was dismissed, and landlord was ordered to give occupant a renewal lease in her own name.

Barnard College v. Ribowsky: NYLJ, 5/13/09, p. 26, col. 1 (Civ. Ct. NY; Kraus, J)