Daughter Gets Rent-Stabilized Apartment

Rent-stabilized tenant's daughter complained to the DHCR that landlord refused to renew the lease in her name after tenant moved out of the apartment. The daughter claimed that she lived with tenant in the apartment since 1985. Landlord stated that it had no objection to giving the daughter a renewal lease if the daughter submitted proof that tenant had moved out and that the daughter had lived with her for the two years immediately preceding tenant's vacatur. The DRA ruled against the daughter. The daughter submitted letters from tenant stating only that she was thinking of moving and that she would leave her daughter in the apartment. And while the daughter submitted a 2009 "thirty-day notice to debtor" from landlord sent to the daughter in connection with a nonpayment proceeding against tenant, landlord explained that by law it was required to send this letter to all "potential defendants."  The daughter appealed and won. There was no actual dispute as to whether tenant had moved out of the apartment. Landlord had sent the thirty-day debtor notice solely to the daughter. The daughter also had submitted copies of documents issued by the IRS listing her home address as the apartment for all years since 2002.

Pardilla: DHCR Adm. Rev. Docket No. ZC210025RT (1/29/13) [3-pg. doc.]