Common Law Husband Didn't Live with Tenant for Two Years Before Tenant's Death

Rent-stabilized tenant died before her renewal lease expired on April 30, 2004. Apartment occupant complained to the DHCR that landlord refused to offer him a renewal lease. Tenant had died on Sept. 15, 2002. Occupant claimed that he was tenant's common law husband, that he was married to tenant for 42 years, but only lived in the apartment with tenant since March 1999. Tax records for 2000 and 2001 listed the apartment as occupant's mailing address. Landlord argued that only tenant signed leases since 1970. In response to the DHCR notices landlord sent tenant in 1998, 2000, and 2002, tenant indicated that no one else lived in the apartment. And landlord submitted proof that occupant lived in a different apartment building. Occupant claimed that he kept the other apartment so that he could sleep better, but he continued to list a P.O. Box as his address on bank records after tenant died. Occupant also listed his marital status as ''single'' on 2000 and 2001 tax returns. The DRA ruled for occupant and ordered landlord to give him a renewal lease. Landlord appealed and won. There is no common law marriage in New York. Although tenant and occupant had a close relationship, there was insufficient proof that occupant lived with tenant for at least one year before tenant died. Shortly before she died, tenant applied for renewal of SCRIE benefits. The Department of the Aging sought additional information from occupant at the alternate address. Occupant never submitted further information showing what documents he submitted to SCRIE concerning tenant's household income or his relationship to tenant.

Arden Realty Co., LP: DHCR Adm. Rev. Dckt. No. TE410014RO (6/9/05) [4-pg. doc.]