Rent-Controlled Tenant's Wife Gets Apartment

LVT Number: #26658

Landlord sued to evict rent-controlled tenant’s wife after tenant died. The wife claimed succession rights. The court ruled against landlord, who appealed and lost. At trial, the wife proved that she moved into the apartment in 1966 when she married tenant, and lived there with tenant as her primary residence until tenant died in 2001. She then continued to live in the apartment as her primary residence. 

 

 

Landlord sued to evict rent-controlled tenant’s wife after tenant died. The wife claimed succession rights. The court ruled against landlord, who appealed and lost. At trial, the wife proved that she moved into the apartment in 1966 when she married tenant, and lived there with tenant as her primary residence until tenant died in 2001. She then continued to live in the apartment as her primary residence. 

 

 

T & S Realty Corp. v. Lee: 49 Misc.3d 140(A), 2015 NY Slip Op 51588(U) (App. T. 1 Dept.; 11/4/15; Lowe III, PJ, Schoenfeld, Ling-Cohan, JJ)