Wife Gets Rent-Controlled Apartment

June 30, 2001

LVT Number: 15082

Landlord sued to evict rent-controlled tenant's wife from an apartment after tenant died. After a jury trial, the court ruled against landlord. Landlord appealed and lost. Tenant's wife showed that the apartment was her primary residence from the time she married tenant to the time he died, three and a half years later. So she had pass-on rights under the rent control regulations that required her to prove she lived in the apartment with tenant as her primary residence for at least two years before he died. The lower court's ruling was based on sufficient proof.

Landlord sued to evict rent-controlled tenant's wife from an apartment after tenant died. After a jury trial, the court ruled against landlord. Landlord appealed and lost. Tenant's wife showed that the apartment was her primary residence from the time she married tenant to the time he died, three and a half years later. So she had pass-on rights under the rent control regulations that required her to prove she lived in the apartment with tenant as her primary residence for at least two years before he died. The lower court's ruling was based on sufficient proof. The wife's lack of documentary proof connecting her with the apartment wasn't a fatal defect, since the court found her testimony to be credible.

23 Jones St. Assocs. v. Keebler-Beretta: NYLJ, 6/7/01, p. 18, col. 6 (App. Div.1 Dept.; Sullivan, PJ, Rosenberger, Ellerin, Wallach, Marlow, JJ)

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