Trial Required on Common Law Husband's Right to Apartment

August 31, 1995

LVT Number: 9962

Landlord sued to evict occupant after tenant died. Occupant claimed he was tenant's common law husband and moved into the apartment together with tenant and their son before landlord, City of New York, obtained the building in a tax foreclosure proceeding. The court ruled against landlord, finding that landlord didn't prove occupant wasn't a co-tenant. Landlord appealed, and the appeals court reopened the case and sent it back for a new trial. The issue wasn't whether occupant was a co-tenant; the only tenant of record was the wife.

Landlord sued to evict occupant after tenant died. Occupant claimed he was tenant's common law husband and moved into the apartment together with tenant and their son before landlord, City of New York, obtained the building in a tax foreclosure proceeding. The court ruled against landlord, finding that landlord didn't prove occupant wasn't a co-tenant. Landlord appealed, and the appeals court reopened the case and sent it back for a new trial. The issue wasn't whether occupant was a co-tenant; the only tenant of record was the wife. The issue was whether occupant qualified as a family member entitled to pass-on rights.

City of New York v. Butler: NYLJ, p. 26, col. 2 (8/11/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

Topics

More like this