Tenant's Ex-Boyfriend Didn't Prove Family-Type Relationship

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he had been tenant's boyfriend and was entitled to pass-on rights. After a trial, the court ruled for occupant. Landlord appealed and won. While occupant and tenant may have been romantically involved at one time, there was no proof that a relationship characterized by emotional and financial commitment and interdependence continued over the years. At trial, occupant presented no documentation of intermingled finances, formalized legal obligations, or jointly owned property. Also, there was no proof that tenant and occupant held themselves out to the community as a family unit, shared household expenses and activities, or celebrated holidays with other families. And during the final year of tenant's life, it was others, not occupant, who provided day-to-day care for tenant. Occupant's use of the apartment also was minimal during the relevant one-year period before tenant died.

Stahl Associates Co. v. Pitt: NYLJ, 6/20/08, p. 30, col. 3 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)