Trial Required

LVT Number: 8750

Landlord sued to evict rent-controlled tenant's roommate after tenant died. Roommate claimed he'd lived with tenant for at least two years and that tenant was like a grandfather to him. Landlord asked the court to rule without a trial. The court refused. Roommate showed that he'd lived in the apartment as his primary residence for at least two years before tenant died. A trial was needed to determine whether tenant and roommate had lived as family members.

Landlord sued to evict rent-controlled tenant's roommate after tenant died. Roommate claimed he'd lived with tenant for at least two years and that tenant was like a grandfather to him. Landlord asked the court to rule without a trial. The court refused. Roommate showed that he'd lived in the apartment as his primary residence for at least two years before tenant died. A trial was needed to determine whether tenant and roommate had lived as family members. Roommate claimed he maintained a joint checking account with tenant and that they shared household expenses, ate meals and attended church together, and shared pets. On the other hand, another tenant claimed roommate was stealing from tenant. Roommate's credibility and the nature of his relationship with tenant were both issues to be decided at trial.

Chelsea Village Associates v. Bute: NYLJ, p. 23, col. 5 (4/20/94) (Civ. Ct. NY; Stallman, J)