Tenant's Wife Gets Rent-Stabilized Apartment

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was tenant's wife since 2005 and had succession rights. Tenant himself had gotten succession rights in 2004 after his mother, who was the prior tenant, moved out. Occupant argued that she in fact was a co-successor with tenant as a nontraditional family member at the time that his mother moved out. The court ruled for occupant in part. She presented proof that she had succession rights from tenant since she was his wife and had lived in the apartment with tenant for at least two years before he died. But occupant presented insufficient proof that she was a co-successor in 2004. Occupant had succession rights as tenant's widow, and the case was dismissed.

611 East 179th Street Realty Corp. v. Gonzalez: 55 Misc.3d 1225(A), 2017 NY Slip Op 50792(U) (Civ. Ct. Bronx; 6/12/17; Lutwak, J)