Occupant Claimed ‘Spouse-Type' Relationship with Tenant

LVT Number: 19074

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out. Occupant claimed that he had a spouse-type relationship with tenant. The court ruled for landlord. Occupant appealed and lost. Occupant moved into the apartment when tenant did, in 1995. Their relationship continued for a few years, but they broke up in 2001. Tenant started traveling more at that point, but didn't give up the apartment until 2004. During the two-year period before tenant moved out, occupant didn't have a family-type relationship with tenant.

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out. Occupant claimed that he had a spouse-type relationship with tenant. The court ruled for landlord. Occupant appealed and lost. Occupant moved into the apartment when tenant did, in 1995. Their relationship continued for a few years, but they broke up in 2001. Tenant started traveling more at that point, but didn't give up the apartment until 2004. During the two-year period before tenant moved out, occupant didn't have a family-type relationship with tenant. So he couldn't claim succession rights as a nontraditional family member.

360 West 55th St. LP v. Anvar: NYLJ, 8/10/06, p. 29, col. 1 (App. T. 1 Dept.; Davis, JP, Schoenfeld, J)