Occupant Couldn't Prove Nontraditional Family Member Status

Apartment occupant complained that landlord improperly refused to grant him a rent-stabilized renewal lease. Occupant claimed that he was a nontraditional family member entitled to succession rights after tenant moved out. The DRA ruled against occupant, who appealed and lost.

On appeal, occupant claimed that, by accepting rent payments from him since 2006, landlord waived its right to claim any right that occupant wasn't a tenant. He claimed that landlord knew that tenant returned to England in 2006 to raise a family and continued to refer to occupant as a subtenant, forcing him to sign a renewal lease in tenant's name. Landlord thereby created an illusory tenancy. The DHCR pointed out that occupant didn't raise claims of waiver or illusory tenancy in his complaint. Even so, landlord's acceptance of rent payments from a nontenant didn't establish waiver or create legal tenancy rights. Rent stabilization status is governed by statute and can't be created by waiver or equitable estoppel. As to illusory tenancy, there was no written sublease agreement and therefore no illusory tenancy. 

Mason: DHCR Adm. Rev. Docket No. GS410052RT (7/1/19) [2-pg. doc.]