Rent-Stabilized Tenant's Life Partner Has Succession Rights to Apartment

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights as the life partner of the tenant. The court ruled for occupant after trial. Four witnesses testified for occupant. A funeral home director stated that occupant was listed as "friend" on tenant's death certificate because there was no other category since the parties weren't married. Occupant's daughter testified that tenant had been a father to her, she called him "dad," and they had close family-like relationships with tenant's family. Occupant testified about her decades-long partnership with tenant, that they shared expenses, parented her children together, and that she gave him daily care in the final months of his life. The court deemed occupant a successor to the rent-stabilized lease since her relationship with tenant bore all the hallmarks of a marriage.

Diversified Equities LLC v. Swint: Index No. LT-304231-21, 82 Misc.3d 1212, 2024 NY Slip Op 50282(U), NYLJ No. 1709285672 (Civ. Ct. Queens; 2/23/24; Sanchez, J)