Occupant Claims He Was Tenant's Life Partner

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The court ruled for landlord based on occupant's failure to appear in court. Occupant later asked the court to vacate the default judgment. He claimed that he went to the wrong courtroom. He also claimed succession rights to the apartment. The court ruled for occupant and reopened the case. Occupant had trouble reading and writing and showed sufficient excuse for his failure to appear in court. Landlord's managing agent claimed she knew tenant and believed tenant lived alone. Tenant also never listed occupant on annual income statements when the HPD operated the building. But occupant showed some documentation supporting his claim that he was tenant's life partner and had lived with tenant for 22 years. A trial was needed to determine the facts.

Bainbridge Cluster Associates LP v. Doe: NYLJ, 5/9/07, p. 21, col. 1 (Civ. Ct. Kings; Kraus, J)