Landlord Treated Tenant's Mother as Cotenant

Landlord got permission from the DHCR to evict rent-stabilized tenant for nonprimary residence. Tenant then asked for permission to evict tenant's mother, who was living in the apartment. Landlord claimed that, since tenant never lived in the apartment, her mother never lived in the apartment with tenant and couldn't claim pass-on rights. The DRA ruled against landlord. Landlord appealed and lost. Tenant's mother showed that she had paid a security deposit and rent directly to landlord for some time. So landlord accepted tenant's mother as a cotenant and couldn't treat her merely as someone who was trying to get pass-on rights.

Empire Mgmt.: DHCR Adm. Rev. Dckt. Nos. MC710024RK and MC710031RO (4/28/00) [4-pg. doc.]