Married Tenant's Girlfriend Gets Apartment

April 30, 2003

LVT Number: 16524

Landlord sued to evict rent-controlled tenant's girlfriend and her two minor children from their apartment after tenant died. The girlfriend claimed pass-on rights because she had lived in the apartment with tenant for more than two years before he died. Landlord claimed that tenant never got divorced from his wife and argued that the court shouldn't approve the illegal and adulterous relationship by giving the girlfriend pass-on rights to the apartment. The court ruled against landlord. Landlord appealed and lost.

Landlord sued to evict rent-controlled tenant's girlfriend and her two minor children from their apartment after tenant died. The girlfriend claimed pass-on rights because she had lived in the apartment with tenant for more than two years before he died. Landlord claimed that tenant never got divorced from his wife and argued that the court shouldn't approve the illegal and adulterous relationship by giving the girlfriend pass-on rights to the apartment. The court ruled against landlord. Landlord appealed and lost. Tenant's girlfriend proved that she had lived in the apartment with tenant as her primary residence for the required time period and that they had a committed emotional and financial relationship.

Fernbach v. Cash: NYLJ, 4/2/03, p. 20, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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