Apartment Not Decontrolled Upon Death of Cotenant

In 1984, landlord filed a report of statutory decontrol, which stated that the rent-controlled tenant died in 1980. Cotenant objected. She claimed that she had lived in the apartment with tenant since 1970 and that she remained there as a rent-controlled tenant. A hearing was held, and the DRA ruled for cotenant. Landlord appealed and lost. Although cotenant got some mail and her tax returns at a church address, this was where she worked. She otherwise proved, through her own testimony and that of other witnesses, that she had lived in the apartment since 1970 and paid half the rent before tenant died. Cotenant was herself subject to rent control.

Schwenk: DHCR Adm. Rev. Dckt. No. MJ220078RO (3/7/00) [7-pg. doc.]