Tenant's Girlfriend Gets Rent-Stabilized Apartment

Apartment occupant claimed to the DHCR that she had succession rights to tenant's rent-stabilized apartment and that landlord refused to give her a renewal lease. The DRA ruled against occupant, finding that she didn't prove she had an emotional and financial interdependence with tenant that would entitle her to a renewal lease as a nontraditional family member.

Occupant appealed and won. She had submitted sufficient proof to the DRA to prove that she had lived with tenant in the apartment for at least two years before he died. Occupant also had showed that she had dated tenant in 1975, and worked with him in his insurance business between 1975 and 2014 when he sold the business. Occupant was authorized by tenant's business to sign checks on behalf of the business. She showed that she lived in the apartment with tenant for many years. Tenant's death certificate listed occupant as the person reporting his death, and she was his agent under both a health care proxy and a power of attorney form. They jointly purchased auto insurance and homeowner's insurance. Occupant was the beneficiary of tenant's life insurance policy. They had a joint checking account. Occupant was godmother to tenant's son, and they took many family-oriented trips with tenant's daughter. She attended to tenant during his illnesses, and neighbors noted their close relationship.

Marino: DHCR Adm. Rev. Docket No. HN710015RT (8/23/19) [5-pg. doc.]