Judge Javier Vargas
Licensee González moved for summary judgment on her succession claim. Landlord filed this licensee holdover action seeking to recover the subject premises from González arguing the tenant-of-record died, and she no longer had a license or right to occupy the premises. González claimed she and decedent had a nontraditional domestic partnership as they were in an intimate relationship for over 25 years, and have resided together in the subject premises for over 10 years. She claimed she and decedent shared an emotionally and financially committed, and interdependent relationship. The court agreed finding the Rent Stabilization Code’s definition of a “family member” was expanded beyond its traditional meaning. It found González presented sufficient evidence to make a prima facie showing of entitlement to summary judgment on her succession claim, noting landlord presented no contrary evidence in opposition. The court stated, contrary to landlord’s argument that the lack of financial interdependence was fatal to González’s succession claim, statutory and judicial precedent belied that assertion, ruling the existence of financial commingling constituted merely one fact to be considered in examining the relationship. González’s motion was granted and the action dismissed.
