Rent-Stabilized Tenant's Domestic Partner Gets Apartment

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant’s former domestic partner claimed succession rights. Tenant had moved into the apartment in 1983. His partner moved in with him in 1989 and they lived together as a gay couple for over 20 years. Tenant asked landlord to add his partner to tenant’s renewal lease in 2000, but landlord refused. The couple separated in August 2009. Tenant moved out but moved back in temporarily in December 2009. The partner then moved out temporarily to avoid discord. In 2011, tenant signed a renewal lease but then moved out in December 2011 and his partner returned to the apartment. Landlord claimed that the domestic partner didn’t co-occupy the apartment with tenant for the two years before tenant moved out in December 2011 and therefore didn’t have succession rights. The court ruled against landlord and granted the partner succession rights. The couple were in a relationship and co-occupied the apartment for the two years before tenant moved out in 2009. Tenant’s signing of a renewal lease didn’t compel a finding that he was still in possession.

360-363 Assoc. v. Hyers: Index No. L&T 72743/13, NYLJ No. 1202737856287 (Civ. Ct. NY; 9/14/15; Milin, J)