Tenant's Life Partner Gets Rent-Stabilized Apartment

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights based on a nontraditional marital relationship with tenant. The court ruled for occupant and dismissed the case after a trial. Occupant claimed that he had lived with tenant for 25 years and proved that he had lived with her in the apartment for at least two years before she died. They shared a financial and emotional commitment, and had an interdependent relationship. Although tenant and occupant didn't have a joint bank account, occupant had access to tenant's bank account. Tenant's son and grandson testified that occupant lived with tenant for many years and took care of her during her late-life illness. Occupant's documents showed he lived at tenant's apartment. The court excused the fact that occupant claimed to live alone at the apartment when applying for food stamps since the forms were somewhat confusing.

1069 Bedford LLC v. Montgomery: Index No. 53471/2014, NYLJ No. 1202719414710 (Civ. Ct. Kings; 1/29/15; Marton, J)