Family Member Not Named on Lease Can't File Complaint

June 30, 2006

LVT Number: 18962

Apartment occupant complained of a reduction in services in a rent-stabilized apartment. The DRA ruled against occupant, and he appealed. Occupant claimed he was entitled to file the complaint because he had pass-on rights to the apartment. The DHCR ruled against occupant. In a court case, there had already been a ruling that occupant didn't prove he had pass-on rights. He was tenant's family member, but didn't show he lived in the apartment for two years with tenant before tenant moved out.

Apartment occupant complained of a reduction in services in a rent-stabilized apartment. The DRA ruled against occupant, and he appealed. Occupant claimed he was entitled to file the complaint because he had pass-on rights to the apartment. The DHCR ruled against occupant. In a court case, there had already been a ruling that occupant didn't prove he had pass-on rights. He was tenant's family member, but didn't show he lived in the apartment for two years with tenant before tenant moved out. Since occupant wasn't a tenant, he had no standing to file a complaint with the DHCR about reduction in services.

Torres: DHCR Adm. Rev. Dckt. No. UB210006RT (5/18/06) [2-pg. doc.]

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