Landlord Can Pursue Claim to Recover Rent-Stabilized Apartment from Tenant's Wife

Landlord sued the wife of a deceased rent-stabilized tenant in State Supreme Court in order to recover the apartment. Landlord sought declaratory relief, a money judgment, possession of the apartment, and a finding of fraud against the wife. The wife asked the court to dismiss the case, arguing that it should have been brought in housing court, not Supreme Court.

The court ruled against the wife, who appealed and lost. Supreme Court has general jurisdiction over actions by a landlord against a tenant, and the wife otherwise presented no reasons why landlord's claims should be dismissed. The parties disputed whether the wife had the legal right as the former tenant's spouse to succeed to the apartment, so declaratory relief was appropriate. Landlord's complaint also presented adequate detail as to why it claimed fraud against the wife. The appeals court did agree that landlord's claim for punitive damages should be dismissed. 

Domen Holding Co. v. Sanders: Index No. 154623/24, App. No. 4328, Case No. 2024-07069, 2025 NY Slip Op 02871 (App. Div. 1; 5/13/25; Renwick, PJ, Kern, Gesmer, Rosado, O'Neill Levy, JJ)