Tenant's Wife Takes Over Federally Subsidized Apartment

June 30, 1996

LVT Number: 10690

Landlord sued to evict tenant's wife after tenant, who occupied a federally subsidized apartment, died. Tenant was in poor health, had married only 13 days before he died, and was 26 years older than his wife. Landlord claimed that the wife married tenant solely to get pass-on rights to the apartment. The court ruled against landlord. Although the apartment wasn't rent stabilized, the court applied rent-stabilized apartment pass-on rules to the case.

Landlord sued to evict tenant's wife after tenant, who occupied a federally subsidized apartment, died. Tenant was in poor health, had married only 13 days before he died, and was 26 years older than his wife. Landlord claimed that the wife married tenant solely to get pass-on rights to the apartment. The court ruled against landlord. Although the apartment wasn't rent stabilized, the court applied rent-stabilized apartment pass-on rules to the case. Under those regulations, tenant's family member was entitled to remain if she had lived in the apartment since the start of her marriage to tenant. Tenant's wife had lived in the apartment with tenant for at least as long as the marriage. Her motives for marrying tenant are irrelevant.

Westbeth Corp. v. Castagna: NYLJ, p. 28, col. 6 (6/19/96) (Civ. Ct. NY; Malatzky, J)

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