Domestic Partner Gets Rent-Stabilized Tenant's Apartment
LVT Number: #31607
Rent-stabilized tenant's domestic partner claimed succession rights to tenant's apartment after tenant died. The DRA ruled for the partner. Landlord appealed and won. The DHCR found that the partner didn't establish financial interdependence between himself and tenant. The partner then filed an Article 78 court proceeding to appeal the DHCR's ruling.
The court ruled for the partner, finding that he demonstrated to the DHCR that he was financially dependent on tenant. The partner had submitted photos of them and their family from over a 30-year period. Tenant's children also affirmed that the partner was a family member due to his relationship with tenant. The court also denied the DHCR's request to take the case back for further consideration. The court found that this was unnecessary and ruled that the partner's evidence conclusively established the partner's succession rights.
Cozzolino v. DHCR: Index No. 161368/2020, NYLJ No. 1627931095 (Sup. Ct. NY; 7/20/21; Nervo, J)