Nephew Gets Rent-Controlled Apartment

Landlord asked the DHCR to determine whether deceased tenant's nephews had succession rights to tenant's rent-controlled apartment. Tenant had lived in the apartment from 1959 until she died at age 71 in 2006. The nephews claimed that they had lived with tenant for a long time. The DRA ruled against the nephews, who appealed and got the case reopened. The DRA then held a hearing and ruled for the nephews.

Landlord appealed and lost. One of the nephews showed that he had a close family relationship with tenant. His own mother died in 1989, and he considered tenant to be like a mother to him. He shared household expenses with her, held a joint banking account with her since at least 1995, and had provided care to tenant by escorting her to medical appointments, shopping for food on her behalf, and preparing meals for her. Friends and relatives submitted statements supporting the nephew's claims. Tenant's daughter also testified on nephew's behalf. The nephew presented sufficient proof that he primarily resided with tenant in the apartment as a nontraditional family member for at least two years before she died. He therefore was entitled to succession rights.

358 West 127th Street: DHCR Adm. Rev. Docket No. XK420043RO (10/11/13) [19-pg. doc.]