Occupant Claims She Was Tenant's 'Common Law Wife'

Apartment occupant filed a lease violation complaint, claiming that she had succession rights after tenant died. Occupant said that she was tenant's "common law wife." She claimed that tenant claimed her as a dependent on his income taxes, but she submitted no documentation of this and little other proof of the relationship. The DRA ruled against occupant. She appealed, and the DHCR reopened the case. The DRA hadn't specifically asked occupant to submit proof showing that she had lived in the apartment with tenant during the two-year period before tenant died. This is a key factor in determining whether occupant has succession rights. The case was sent back to the DRA for further investigation and submission of proof of occupant's relationship with tenant during the relevant two-year period.

Marquez: DHCR Adm. Rev. Docket No. VB110068RT (5/30/07) [6-pg. doc.]