Tenant's Life Partner Gets Pass-On Rights

Facts: Landlord sued to evict apartment occupant after discovering that he had forged the signature of deceased rent-stabilized tenant on renewal leases for more than 10 years. Occupant claimed that he was tenant's gay life-partner, had lived with tenant for 10 years before tenant died, in 1989, and had been advised at the time by an attorney to hide the fact that he lived with tenant. Occupant showed that he lived in the one-bedroom apartment with tenant, shared household chores, paid a portion of the monthly rent, shared a savings account with tenant, paid for tenant's prescriptions, and took care of tenant when tenant was sick and dying. He was also a beneficiary under tenant's life insurance policy. Occupant claimed that landlord's former managing agent knew he lived with tenant. Occupant and tenant didn't reveal their relationship to tenant's family members. Landlord argued that occupant committed fraud by hiding his relationship and signing tenant's name to renewal leases. Court: Landlord loses. Occupant qualified as a nontraditional family member entitled to pass-on rights under rent stabilization. At the time tenant died, in 1989, the law was uncertain. The Braschi case had just been decided by the Court of Appeals, and the Rent Stabilization Code hadn't yet been amended to reflect the court's decision. It was understandable that occupant hid his relationship from landlord. His actions didn't amount to fraud.

South Pierre Assocs., v. Mankowitz: NYLJ, 1/18/06, p. 20, col. 1 (Civ. Ct. NY; Elsner, J)