Daughter Moved Into Apartment More Than Two Years Before Tenant Died

Rent-stabilized tenant's daughter complained that landlord refused to offer her a renewal lease after tenant died. She claimed that she had lived with tenant for more than two years before tenant died. The DRA ruled for tenant's daughter. Landlord appealed, arguing that tenant didn't list the daughter as an occupant on the lease renewal form or on an income certification tenant filed to get Section 8 rent subsidy payments in 2005 and 2006. Landlord also said that the issue should be resolved in housing court. The DHCR ruled against landlord. Tenant's daughter was evicted from another apartment in landlord's building in 2004. Tenant's daughter submitted substantial proof that she then moved into tenant's apartment with her sons. Tenant's statements to landlord and the Section 8 program don't prove that the daughter wasn't living in the apartment. And those statements weren't made by the daughter, who was the one claiming succession rights. The DHCR could decide the issue. Landlord hadn't started any eviction proceeding against tenant's daughter.

1515 Macombs LLC: DHCR Adm. Rev. Docket No. VH610041RO (9/21/07) [2-pg. doc.]