Gay Life-Partner Can't Get Mitchell-Lama Apartment

April 30, 2005

LVT Number: 18064

(Decision submitted by Gary D. Friedman of the New Hyde Park law firm of Gutman, Mintz, Baker & Sonnenfeldt, PC, attorneys for the landlord.) Landlord sued to evict Mitchell-Lama apartment occupant after tenant died. Occupant claimed that he was tenant's gay life-partner and that he had pass-on rights. The court ruled against occupant. HPD had already determined that occupant had no pass-on rights. He didn't prove his claimed family relationship with tenant. And he didn't prove that he lived in the apartment with tenant for at least two years before tenant died.

(Decision submitted by Gary D. Friedman of the New Hyde Park law firm of Gutman, Mintz, Baker & Sonnenfeldt, PC, attorneys for the landlord.) Landlord sued to evict Mitchell-Lama apartment occupant after tenant died. Occupant claimed that he was tenant's gay life-partner and that he had pass-on rights. The court ruled against occupant. HPD had already determined that occupant had no pass-on rights. He didn't prove his claimed family relationship with tenant. And he didn't prove that he lived in the apartment with tenant for at least two years before tenant died. To get pass-on rights, occupant must comply with both requirements. Since occupant's appeal of HPD's decision was dismissed, landlord properly proceeded based on HPD's certificate of eviction.

Westwood House, Inc. v. Hayes: Index No. 51012/00 (Civ. Ct. NY 11/7/03; Schneider, J) [5-pg. doc.]

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