Tenant's Ex Has Pass-On Rights to Apartment

The ex-husband of rent-stabilized tenant complained that landlord refused to give him a renewal lease. The DRA ruled for the husband and ordered landlord to renew the lease in his name. Landlord appealed, claiming that prior leases were in tenant's name only, that the husband was divorced from tenant for years, and that tenant moved out in 1980. The DHCR ruled against landlord. The husband proved that tenant lived in the apartment until she moved out in 1980, that he was married to tenant from 1976 to 1988, and that he continued to live in the apartment after tenant moved out. He also proved that landlord accepted rent payments from him directly for over 20 years. So landlord had waived any right to oppose the husband's claim that he was entitled to a renewal lease.

Eva Stern 2970 LLC: DHCR Adm. Rev. Docket No. WH210026RO (1/7/09) [3-pg. doc.]