Roommate Didn't Prove Husband-Wife Relationship with Tenant

LVT Number: 12452

Landlord sued to evict rent-stabilized tenant's roommate after tenant died. Tenant's roommate claimed he'd lived with tenant as husband and wife and so was entitled to pass-on rights. The court ruled for landlord. Tenant's roommate may have lived with tenant for seven years before she died and they may have pooled some of their living expenses, but they never shared any joint bank accounts or credit cards. Tenant never listed her roommate on any rent-regulated documents or on her SCRIE application. Tenant and her roommate didn't socialize with each other's families.

Landlord sued to evict rent-stabilized tenant's roommate after tenant died. Tenant's roommate claimed he'd lived with tenant as husband and wife and so was entitled to pass-on rights. The court ruled for landlord. Tenant's roommate may have lived with tenant for seven years before she died and they may have pooled some of their living expenses, but they never shared any joint bank accounts or credit cards. Tenant never listed her roommate on any rent-regulated documents or on her SCRIE application. Tenant and her roommate didn't socialize with each other's families. Tenant left no will, never gave her roommate power of attorney, and named her son as the beneficiary of her bank accounts. Tenant's roommate didn't prove that his life was emotionally or financially intertwined with tenant's.

Slope Spaces, Inc. v. Vasquez: NYLJ, p. 31, col. 6 (6/10/98) (Civ. Ct. Kings; Wendt, J)