Spousal Relationship Required for Exemption from Owner-Occupancy Proceeding
In Kahn v. Pizarro, N.Y.L.J. Sep. 1, 1993, p. 23, c. 1 (Civ. Ct. Bx. Co.), the court found that the female tenant was living with a permanently disabled man in an emotionally and financially interdependent relationship. the court held that while the quality of this relationship would have been sufficient to guarantee succession rights, the relationship, notwithstanding the permanent disability of the tenant's partner, was outside the purview of the spousal relationship required for exemption from an owner-occupancy proceeding pursuant to 9 N.Y.C.R.R. 2524.4(a)(2).
Kahn v. Pizarro is not controlling precedent, and is meaningfully distinguishable from the facts herein.
In Kahn, the tenant, although in a long-term relationship, was still, according to the court, presumably married to another man.
Ms. Pizarro had at least the possibility of divorcing her husband and marrying the person with whom she maintained a long term relationship, thereby insuring his right to the exemption.