Tenant's Domestic Partner Gets Apartment

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed that he was 74 years old and had lived with tenant for over 30 years as her spouse. Tenant’s death certificate listed occupant as tenant’s domestic partner. Landlord argued that tenant didn’t list any other household members on HPD annual recertification forms while the building was subject to a city rehabilitation program. But tenant’s statement of assets included a joint bank account for tenant and occupant opened in 1990. Witnesses also testified that tenant and occupant shared a family relationship. The court ruled against landlord after a trial. The court found that occupant had lived in the apartment as his primary residence for at least two years before tenant died and that occupant had lived with tenant in a marital-type relationship for decades. Occupant was entitled to succession rights. 

West Bridge Assoc. LP v. Stevens: Index No. L&T62421/2014, NYLJ 1202729669202 (Civ. Ct. NY; 5/26/15; Kraus, J)