Nightmare ‘squatter from hell’ may have legal right to late New Yorker’s lifelong swanky apartment

A man accused by neighbors of causing chaos in a rent-controlled West Village apartment may actually have a legal right to stay there, according to legal experts.

Melvin DeJesus, 66, moved into the fifth-floor apartment at 400 Bleecker St. about 20 years ago after longtime tenant John Grafenecker — described by relatives as a kind New Yorker with a “heart of gold” — allowed him to live there.

A relative of Grafenecker, who asked not to be identified, said Grafenecker often supported DeJesus financially.

“John really took care of Mel no matter what,” the relative said. “He paid a lot of bills, food, Con Edison. He had a very good heart.”

After Grafenecker died last year at age 84, DeJesus remained in the apartment. The building’s owner is now seeking to evict him, claiming he turned the unit into a “flophouse” and has threatened neighbors.

However, housing laws governing New York City’s limited supply of rent-controlled apartments may work in DeJesus’ favor.

Attorney David Schwartz of the New York law firm Aidala Bertuna & Kamins PC said that, despite the accusations, DeJesus might qualify for succession rights — a legal rule that allows certain occupants to take over rent-controlled apartments after the primary tenant dies.

The city has about 16,400 rent-controlled apartments, and the rules require continuous occupancy since 1971 by either the original tenant or a lawful successor. Succession rights can apply when someone has lived in the unit for at least two years and can prove a close relationship — such as family, romantic, or financial ties — with the primary tenant.

In court filings, DeJesus claims he has the right to remain because Grafenecker was his romantic partner for 30 years. Grafenecker’s relative strongly disputes that claim.

“I don’t think he has any right to say that,” the family member said, describing the two men as essentially roommates. “That’s news to me.”

The eviction case is still ongoing. Schwartz noted that the building owner’s separate $5.5 million lawsuit against DeJesus could still result in him being barred from the building if his alleged behavior is found to endanger other residents.

“When conduct begins affecting other tenants and creating a dangerous situation, it goes beyond normal landlord-tenant law,” Schwartz explained.

Grafenecker’s relative said DeJesus could be pleasant when sober but sometimes displayed aggressive behavior when dealing with alcohol or drugs. The relative claimed Grafenecker had contacted police about incidents but continued helping DeJesus financially.

“John was a good person,” the relative said. “He had a heart of gold.”

Grafenecker had lived in the apartment nearly his entire life. He moved into the building in 1946 at age five and remained there until his death last October.

A graduate of the School of Visual Arts, Grafenecker once owned several boutiques in the West Village. One shop, called “Two of a Kind,” was located directly across from his apartment and followed an earlier store named “One of a Kind.”

According to his relative, singer Elton John once visited the store and bought several items before later joining Grafenecker for dinner.

Grafenecker also owned another boutique called “Sheik” on Charles Street, which was featured in a 1979 New York Times article.

Later in life, he worked as a gardener, designing plant displays for building lobbies and private gardens.

“He loved doing that and was very good at it,” the relative said, noting that Grafenecker worked until only a few years before his death.

If DeJesus is ultimately evicted, the apartment would likely lose its rent-controlled status. Because the building has more than six units, it would probably enter the city’s rent-stabilization system rather than being rented at full market price.

At a recent hearing in the eviction case, a court clerk referenced the separate lawsuit seeking to ban DeJesus from the building.

“What am I going to do?” DeJesus responded in court. “Sleep on the streets?”

DeJesus declined to comment when contacted by phone. His daughter told reporters that he is estranged from his family.