Landlord Must Give Renewal Lease to Tenant's Mother

Tenant's mother complained to the DHCR that landlord was trying to illegally evict her from her Mt. Vernon apartment. Tenant's mother claimed she and her daughter lived in the apartment as a family unit, and shared living expenses. Her daughter had moved out a few days before the lease term ended without explaining why; mother and daughter haven't spoken since. Tenant's mother wrote to landlord after the daughter moved out, asking what the rent was so she could pay it for the next month. Landlord wrote back, stating that he planned to renovate the apartment and tenant's mother had to move out within 10 days. Landlord argued that the daughter was the only named tenant on the lease and that she hadn't signed the offered renewal lease. He also claimed that tenant didn't intend to pass on the apartment to her mother. The DRA ordered landlord to give tenant's mother a renewal lease. Landlord appealed, and the DHCR ruled for tenant's mother. Landlord must offer a renewal lease to tenant's family members who live with tenant. And the daughter's actions here weren't intended to cut off her mother's rights to the apartment. Since mother and daughter had lived together as a family unit, landlord must give the mother a renewal lease after the daughter moved out.

Old Court Realty Corp.: DHCR Adm. Rev. Dckt. Nos. CB 910377-RO, HF 910117-RO (5/18/94) [7-page document]