Tenant's Life Partner Gets Rent-Stabilized Apartment

December 1, 2010

LVT Number: #23046

Landlord sued to evict apartment occupant after tenant died. Occupant claimed succession rights as a nontraditional family member. The court ruled against landlord, who appealed and lost. The trial court fairly interpreted the largely testimonial proof that occupant was tenant's life partner, lived in the apartment with tenant for 20 years before tenant died, shared household expenses at least until tenant's bankruptcy filing and subsequent illness, attended family functions with tenant, and spent substantial time caring for tenant during tenant's prolonged illness.

Landlord sued to evict apartment occupant after tenant died. Occupant claimed succession rights as a nontraditional family member. The court ruled against landlord, who appealed and lost. The trial court fairly interpreted the largely testimonial proof that occupant was tenant's life partner, lived in the apartment with tenant for 20 years before tenant died, shared household expenses at least until tenant's bankruptcy filing and subsequent illness, attended family functions with tenant, and spent substantial time caring for tenant during tenant's prolonged illness. Tenant's two sisters testified on occupant's behalf and concurred that he was tenant's life partner.

Hitchcock Plaza, Inc. v. Yamaguma: NYLJ, 11/15/10, p. 18, col. 1 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter, JJ)

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