Tenant's Roommate Is Nontraditional Family Member

Landlord sued to evict roommate after tenant's death. Roommate claimed he had pass-on rights as a nontraditional family member, since he and tenant had lived together as a couple for many years. Landlord argued that roommate had no pass-on rights because tenant didn't list roommate on her Senior Citizen Rent Increase Exemption (SCRIE) forms. The court ruled for roommate, and landlord appealed. The appeals court upheld the lower court's ruling. Tenant and roommate had maintained a joint bank account and joint loan obligations, had held themselves out as a couple, and had a long-term emotional relationship prior to tenant's death. So, roommate qualifies as a nontraditional family member, and gets pass-on rights. The fact that tenant didn't list roommate on her SCRIE forms doesn't alter the outcome.

1058 Southern Blvd. Rlty. Corp. v. Ortiz: NYLJ, p. 25, col. 1 (11/1/94) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ)