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Generally, a tenant is free to permit a domestic partner ("DP") to live in his or her home. If the tenant wants the DP to leave, they have to follow applicable eviction procedure, unless an order of protection has been obtained.

In the event of the death of a tenant, there is no automatic legal right to continue tenancy beyond the expiration date of the current lease, unless the apartment is subject to rent control or rent stabilization laws.

In many jurisdictions (New York, for example), a domestic partner who lived with a rent-controlled or rent-stabilized tenant for a minimum period of time prior to the death of the leaseholder, is entitled to a renewal of the lease.

In the case of public housing, there is no legal right for anyone to reside in the apartment without approval of the housing authority. If a DP was accepted as a qualified member of the household prior to the main tenant's death, then she may continue to reside in the apartment if she qualifies on her own for the benefit. If the DP was living there unbeknownst to the housing authority, then she has no legal right to tenancy and can be evicted by standard procedure.

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Q: Can an unmarried domestic partner live in the home of a lifetime tenant for the remainder of her life?
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