Legal Question in Real Estate Law in New York

Re: Succession Rights

I assume you live in NYC and did not register as domestic partners with the City. You may still have succession rights to the apartment. I'm not a family or R/E attorney, but I suggest you contact an attorney that practices in one or both of these areas. If you don't know of any, or even if you do, you may find some assistance (either a referral or outright legal advice) by contacting one of the gay/lesbian advocacy groups in City. I'm sure they've dealt with this issue before and can tell you what to do or whom to speak with. Good luck.

Re: Succession Rights

Question: Am I going to loose my apartment?

Answer: Based on my research, the answer is no. There is a case called East 10th Street Assoc. v. Estate of Goldstein 154 A.D.2d 142, 552 N.Y.S.2d 257 (1st Dep't. 1990) where the issue was exactly the same as yours. The tenant (Goldstein) had a gay life partner. Both occupied the rent stabalized apartment and both considered the apartment the home. Both individuals demonstrated a high level of emotional commitment to one another and took care of each other's day-to-day needs. Goldstein died. Landlord moved to evict the tenant. The appellate division deemed the life partner a "family member" and the eviction proceeding was dismissed.

Question: Should I continue to pay the rent via Money Order with his name?

Answer: Continue to pay rent. Based on the above law you can pay in your own name.

Question: Do I stand a chance?

Answer: Yes. Furthermore, you can obtain additional information from the Lambda Legal Defense and Education Fund.

Mike.