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Divorcing and Fighting over a Rent stabilized apt

New York, NY |

I am living in a rent stabilized NYC apt with husband since '97. Husband has an alternate residence also in NYC since 2012.
We own a property in upstate since 2005, claimed by husband as his primary residence on his tax return to save money on city taxes. Last year he changed his residence, hoping to get the apt. My layer asked the judge for the exclusive occupancy, considering husband's tax fraud and alternate residence.
When I filed for divorce in 2010, my Order of Protection excluded husband from the apt, but the new OP allowed him to stay with me.
I am on the lease, but Annual apt registration only shows husband's name. I asked the Landlord, who is unwilling to help. Can this jeopardize my exclusive occupancy request ? Thank you - my atty is not avail at the moment

sorry for my English

Attorney Answers 3


There us no emergency so wait until your attorney is available. But you should be able to get exclusive use.

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Dear New York Tenant:

In New York City the spouse of the Rent Stabilized tenant may demand that the landlord add the spouse as a named tenant on the lease. As a named tenant, you are equal to the husband named in the annual rent registration filing with the DHCR.

If your were not already named as a tenant on the lease (and on all lease renewals) as a spouse you could demand that your name is added to the lease. See below:

"***Can my name be added to the lease if the owner accepted my checks?
Unless you are the spouse of the named tenant, a landlord is generally not obligated to add your name to the lease***" [Excerpt is from (]

Since you are already named as a tenant on the lease, you are entitled to have the annual rent registrations amended to include your name.

Let your attorney make the demands on the landlord for you. It truly should not make any difference if your name appears or does not appear on the rent registrations as you are in fact a tenant, but if you want "tidy" the push to straighten this out.

Good luck.


the rent stabilization law definition of the word "tenant" includes the spouse of the tenant.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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thank you for your time and answer. This is a very specific area of expertise and the reality is that not every lawyer is experienced in every field. I like my lawyer and will stick with him to the end. However, if any problem ever arise in regard of the manhattan rent stabilized apt, I know he is not the right person for the job. Thank you again


I suggest you advise your attorney, when available, of Mr. Smollen's advice which will put you in a better position to resolve the matter in your divorce litigation.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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