Tenant's Ex-Girlfriend Gets Pass-On Rights

Facts: Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord also claimed that unrelated occupant wasn't entitled to remain in the apartment. Occupant claimed she was tenant's ex-girlfriend and was entitled to pass-on rights. At trial, occupant testified that she moved in with tenant in 1984 and had an exclusive relationship with him until 2000. She said that in 1998, 1999, and 2000, she and tenant each spent at least 200 days in the apartment. The rest of the time, they were traveling or visiting tenant's mother in Florida. She also testified that they attended family gatherings together and vacationed together. She said that tenant was the family breadwinner, but that they pooled their finances. She did the housework. Occupant presented pieces of mail referring to her and tenant as "Mr. and Mrs." She said that she and tenant had broken up in 2001 and he moved permanently to Florida. Court: Landlord loses. Occupant showed that she had an emotional and financial interdependence with tenant similar to a traditional marital relationship. She also showed that she lived together with tenant in the apartment for many years before tenant moved out.

72A Realty Assocs. v. Kutno: NYLJ, 6/14/06, p. 30, col. 3 (Civ. Ct. NY; Wendt, J)