Rent-Stabilized Tenant's Husband Gets Apartment

Landlord sued to evict rent-stabilized tenant's husband after tenant died. The husband claimed succession rights. Landlord questioned the legitimacy of the marriage, stating that tenant never informed it of another occupant and the husband wasn't seen around the building before tenant died. The court ruled for the husband, who presented a marriage certificate dated June 9, 2016, and a death certificate dated Aug. 26, 2016, identifying him as tenant's spouse. Federal and state tax returns for 2015 and 2016 showed that both tenant and her husband listed the apartment as their residence and that they commingled finances. These records showed that the husband had lived in the apartment with tenant since the inception of the marriage. Landlord also hadn't known that tenant died, which diminished its own reliability as to what went on at the premises. 

United Mut. of Hous. LP v. Kavaris: Index No. 50065/17, NYLJ, 9/26/18, p. 21, col. 3 (Civ. Ct. NY; 9/7/18; Chinea, J)