No Landlord-Tenant Relationship
LVT Number: 10897
Landlord sued to evict occupant from his building, claiming she was a tenant. The occupant claimed she wasn't a tenant but had instead a long-term family-type relationship with landlord. The court ruled against landlord, finding no landlord-tenant relationship. Landlord and occupant had been in a relationship for 25 years, at first in occupant's apartment in another building. Landlord lived there with occupant and her son in a marital-type relationship. Occupant supported landlord financially. In 1986 landlord inherited a building and invited occupant to move in there with him. Each had their own apartment. Occupant claimed that their relationship continued as before, although now landlord had ''another woman.'' Occupant continued to support landlord financially as before, but had no lease until 1991. In 1991 landlord gave occupant a lease, but the court found that this was for the purpose of showing additional income to get a bank loan. Given the lack of a legitimate rental agreement and the personal relationship between the two, the court found that there was no landlord-tenant relationship. Landlord couldn't proceed with an eviction action.
Faulk v. DeJesus: NYLJ, p. 23, col. 1 (9/18/96) (Civ. Ct. Bronx; Tolchin, J)