Unregulated Tenant Can Evict Roommate Who Claims They Were Domestic Partners

Unregulated tenant sued to evict her roommate in housing court after terminating his month-to-month subtenancy. The roommate claimed that he was the tenant's nontraditional family member because they had lived together as "domestic partners," and that therefore he could be removed only through an ejectment action in State Supreme Court. The court ruled for tenant, finding that no trial was needed. The roommate appealed and lost. Even if he had been tenant's domestic partner, it didn't matter. An occupant in a rent-regulated apartment can claim succession rights if he is a remaining family member. But those provisions didn't apply here to an unregulated tenant seeking to evict an occupant.The appeals court wouldn't consider tenant's claim, raised for the first time on appeal, that he wasn't a month-to-month tenant.

Readick v. Green: Index No.l 570105/21, 2021 NY Slip Op 50973(U)(App. T. 1 Dept.; 10/14/21; Edmead, PJ, Brigantti, Hagler, JJ)