Husband Has Pass-on Rights to Wife's Apartment

March 7, 2012

LVT Number: #23930

Landlord sued to evict rent-stabilized tenant's husband after tenant died. The husband claimed that he had succession rights to the apartment. Landlord claimed that the husband's primary residence was in Virginia, not in the apartment. Landlord showed that the husband banked in Virginia, was registered to vote in Virginia until 2008, and filed his taxes separately as a Virginia resident until 2007. The court ruled for the husband. The husband proved that his Virginia apartment was kept for convenience when he was required to go to his employer's offices.

Landlord sued to evict rent-stabilized tenant's husband after tenant died. The husband claimed that he had succession rights to the apartment. Landlord claimed that the husband's primary residence was in Virginia, not in the apartment. Landlord showed that the husband banked in Virginia, was registered to vote in Virginia until 2008, and filed his taxes separately as a Virginia resident until 2007. The court ruled for the husband. The husband proved that his Virginia apartment was kept for convenience when he was required to go to his employer's offices. Otherwise, he worked from the apartment. The husband also produced various documents showing that the New York apartment was his primary residence for the two years before tenant died.

60 West 57 Realty Inc. v. Boyce: Index No. 55826/09, NYLJ No. 1202541459045 (Civ. Ct. NY; 1/17/12; Spears, J)

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