Tenant's Domestic Partner Gets Apartment

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights and asked the court to dismiss the case based on documents and without a trial. She claimed that she was disabled, that she was the tenant's nontraditional domestic partner, and that she had lived with tenant for at least one year before tenant died.

The court ruled for occupant and dismissed the case. Occupant showed that she had been in a relationship with tenant for 25 years, had lived with him for 10 years, and had two children with him. She presented documentation of public assistance benefits, Social Security benefits, family photos, and correspondence showing tenant's address as her address. It was undisputed that occupant and her daughter took care of tenant when he was dying of cancer. Neither tenant nor occupant had significant financial resources, so that the fact that she didn't have a joint bank account or other documents showing financial interdependence was insufficient to rebut the other proof of her family relationship with tenant.

Hazel Towers Company, LP v. Gonzalez: 41 Misc.3d 1230(A), 2013 NY Slip Op. 51937(U) (Civ. Ct. Bronx; 11/22/13; Vargas, J)