Tenant's Ex-Boyfriend Can't Get Apartment

LVT Number: 8370

(Decision submitted by Anthony Cornicello of the Manhattan law firm of Fromme Fromme & Schwartz, attorneys for the landlord) Landlord sued to evict tenant's boyfriend after tenant moved out of apartment. The boyfriend claimed that he was a remaining family member entitled to stay on in the apartment as a rent-stabilized tenant. The court ruled for landlord. The boyfriend showed he had some emotional and financial relationship with tenant. But there wasn't enough proof of a committed family relationship.

(Decision submitted by Anthony Cornicello of the Manhattan law firm of Fromme Fromme & Schwartz, attorneys for the landlord) Landlord sued to evict tenant's boyfriend after tenant moved out of apartment. The boyfriend claimed that he was a remaining family member entitled to stay on in the apartment as a rent-stabilized tenant. The court ruled for landlord. The boyfriend showed he had some emotional and financial relationship with tenant. But there wasn't enough proof of a committed family relationship. There wasn't a joint bank account, nor were there joint credit cards, joint property ownership, or formalization of legal obligations such as naming each other as executor or beneficiary in their wills. There was no domestic partnership declaration. And tenant never appeared as a witness on the boyfriend's behalf at trial.

Eberhart v. Randall: L&T Index No. 110642/92 (10/25/93) (Civ. Ct. NY; Dubinsky, J) [7-page document]

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