Tenant's Common Law Husband Gets Apartment

June 30, 1995

LVT Number: 9828

Landlord sued to evict rent-controlled tenant's roommate after tenant moved out of the apartment. The trial court ruled against landlord and landlord appealed. The appeals court again ruled against landlord. Tenant's roommate was entitled to remain in the apartment as a family member under the Rent Control Succession Law. Tenant notified landlord in 1989 that her roommate was her common law husband. He had moved in with her in 1978 and lived with her in a family relationship. They shared household expenses and represented themselves as a married couple to their neighbors.

Landlord sued to evict rent-controlled tenant's roommate after tenant moved out of the apartment. The trial court ruled against landlord and landlord appealed. The appeals court again ruled against landlord. Tenant's roommate was entitled to remain in the apartment as a family member under the Rent Control Succession Law. Tenant notified landlord in 1989 that her roommate was her common law husband. He had moved in with her in 1978 and lived with her in a family relationship. They shared household expenses and represented themselves as a married couple to their neighbors. The absence of formal legal obligations or joint financial transactions wasn't important since neither tenant nor her husband had substantial assets. Tenant had moved out of the apartment for medical reasons.

Amsterdam 488, Inc. v. Ferreros: NYLJ, p. 25, col. 3 (6/6/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, Glen, JJ)

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