Section 8 Tenant's Life Partner Claims Succession Rights

December 20, 2016

LVT Number: #27421

Landlord sued to evict apartment occupant after Section 8 tenant died. Occupant claimed succession rights. He said he was tenant’s domestic life partner and co-parent of their two children for over 40 years. He claimed that he had lived with tenant since 1968. Occupant asked the court to decide the case without trial based on sworn statements from his daughters and neighbors attesting to the length of his relationship with tenant in the apartment. The court ruled against occupant.

Landlord sued to evict apartment occupant after Section 8 tenant died. Occupant claimed succession rights. He said he was tenant’s domestic life partner and co-parent of their two children for over 40 years. He claimed that he had lived with tenant since 1968. Occupant asked the court to decide the case without trial based on sworn statements from his daughters and neighbors attesting to the length of his relationship with tenant in the apartment. The court ruled against occupant. Although the absence of occupant’s name on the lease or income recertification documents wasn’t fatal, his proof was insufficient and didn’t show financial interdependence, co-residency, or a family relationship. A trial was needed to determine the facts.

 

 

Alliance Housing Associates, LP v. Garcia: Index No. L&T69191/2015, NYLJ No. 1202773325173 (Civ. Ct. Bronx; 11/21/16; Lutwak, J)

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