Rent-Controlled Tenant's Former Spouse Gets Apartment

Tenant asked the DHCR to rule on whether she was a rent-controlled tenant. Tenant claimed that she had succession rights from prior rent-controlled tenant. The DRA ruled for tenant. She moved into the apartment prior to July 1, 1971, and lived with tenant as an unmarried couple. Later they were married for two years. The DRA found that prior tenant moved out in 1977, that both he and tenant notified landlord of this, and that tenant had paid rent to landlord with her own checks since prior tenant moved out.

Landlord appealed and lost. Tenant submitted sufficient evidence to prove succession rights. Tenant had lived in the apartment since 1963, married prior tenant in 1975, and remained there when he moved out in 1977. Documentation submitted by tenant also showed an emotional and financial commitment between tenant and prior tenant when they both lived in the apartment. Landlord also unreasonably waited too long to make a claim about tenant's status. Landlord knew or should have known that tenant had been living in the apartment as a bona fide tenant for more than 20 years. 

Spatz: DHCR Adm. Rev. Docket No. FX420002RO (12/5/19) [3-pg. doc.]