Legal Question in Landlord & Tenant Law in New York

My friends, a married couple, live in a rent stabilized apartment in Manhattan. The husband, who is the lease-holder, has been there for about 25 years. His wife has lived there with him for 7 years, but they never put her name on the lease. About wo years ago the husband became allergic to something in the apartment. They scrubbed the walls and the floors, removed sources of possible allergens (rugs, etc.), and bought an air purifier. They had an air quality test done which showed something similar to chloroform in the bedroom, but the test was not conclusive. More expensive testing (which they can not afford) is required for conclusive results. So, the husband started living at his parents' place. Here's the problem: The landlord is refusing to renew their lease on the grounds that the husband "illegally vacated" the apartment, and therefore the wife has no right of succession. The landlord claims that the tenant must notify the landlord within two years of moving out or else the succession rules do not apply. Is this true? Can the mistake of one person (if he even made a mistake) strip another person of her rights? Thank you for your help.


Asked on 2/11/10, 7:31 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

The wife has a succession rights and it may not be an issue if they are still legally married.

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Answered on 2/17/10, 10:50 am


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