Husband Entitled to Remain as Rent-Stabilized Tenant

March 1, 2008

LVT Number: #20250

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that he was tenant’s husband and had pass-on rights to the apartment. The court ruled against landlord. Landlord appealed and lost. Husband was named as cotenant on the original stabilized lease for the apartment and all later renewal leases. He was also identified as cotenant in the annual DHCR rent registrations filed by landlord. The fact that tenant alone signed the most recent renewal lease forms didn’t end husband’s independent tenancy rights to the apartment.

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that he was tenant’s husband and had pass-on rights to the apartment. The court ruled against landlord. Landlord appealed and lost. Husband was named as cotenant on the original stabilized lease for the apartment and all later renewal leases. He was also identified as cotenant in the annual DHCR rent registrations filed by landlord. The fact that tenant alone signed the most recent renewal lease forms didn’t end husband’s independent tenancy rights to the apartment.

LRL/JRH 67 LLC v. Zagury: NYLJ, 2/15/08, p. 38, col. 2 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)

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