Daughter of Tenant Placed by Homeless Program Can't Get Apartment

Rent-stabilized tenant's daughter complained that landlord refused to give her pass-on rights to tenant's apartment. Landlord argued that tenant was in a special apartment for homeless families and that the daughter wasn't a remaining household member. Landlord submitted leases riders and income certification statements by tenant from 2002 through 2006, listing other family members but not the daughter. Tenant also had sent landlord a letter in December 2004 stating that the daughter lived with her father in a different building. The DRA ruled against the daughter, finding insufficient proof that she lived in the apartment as her primary residence from May 2004 until May 2006.
The daughter appealed and lost. Although she submitted some documents addressed to her at tenant's apartment during the relevant period, she wasn't named in a letter from tenant's homeless shelter as a member of tenant's family and wasn't listed on annual income certifications. Tenant also had listed the daughter as the beneficiary of any security deposit refund in a 2004 emergency contact form as living at the father's address.

Lawrence: DHCR Adm. Rev. Docket No. XI410019RT (10/15/09) [3-pg. doc.]