Tenant's Life Partner Gets Rent-Stabilized Apartment

Apartment occupant complained to the DHCR that landlord failed to offer her a renewal lease after rent-stabilized tenant died. Occupant claimed that she was tenant's nontraditional family member. Landlord objected to the complaint and pointed out that it had started an eviction proceeding where the court could decide any succession question. But the DRA stated that occupant filed her complaint before landlord issued a 10-day notice to quit to tenant. And occupant submitted ample proof of her apartment occupancy and relationship with tenant, including tax records, letters from tenant, bank statements, and cancelled checks showing that occupant paid the apartment bills. The DRA ruled for occupant, finding she proved succession rights.

Landlord appealed and lost. Occupant proved that she'd lived in the apartment with tenant for more than two years as her primary residence, that she shared rent and household expenses with tenant, that tenant regarded her as his life partner, and that tenant identified occupant as his companion and life partner in his will. Photographs and an outside testimonial also showed that tenant and occupant had an emotional and financial commitment and interdependence with each other. Also, since the housing court didn't issue a stay of the DHCR proceeding, the DHCR was entitled to rule on occupant's succession claim.

32nd Street Apartments LLC: DHCR Adm. Rev. Docket No. FX410038RO (8/15/18) [4-pg. doc.]