Occupant Proved Family-Type Relationship with Tenant

April 1, 2005

LVT Number: 18000

Tenant complained of a rent overcharge. She claimed that she had pass-on rights to rent-controlled tenant's apartment and should pay a rent-controlled rent. The DRA ruled for tenant, and landlord appealed. Landlord claimed that tenant didn't qualify as a family member of prior rent-controlled tenant. The DHCR ruled against landlord. The DRA had held a hearing. Tenant and another witness presented credible testimony that tenant lived with prior tenant in a relationship similar to that of husband and wife.

Tenant complained of a rent overcharge. She claimed that she had pass-on rights to rent-controlled tenant's apartment and should pay a rent-controlled rent. The DRA ruled for tenant, and landlord appealed. Landlord claimed that tenant didn't qualify as a family member of prior rent-controlled tenant. The DHCR ruled against landlord. The DRA had held a hearing. Tenant and another witness presented credible testimony that tenant lived with prior tenant in a relationship similar to that of husband and wife. Tenant had few documents to support her claim, but this was excused because they had few financial assets.

Jem & Jem Corp.: DHCR Adm. Rev. Dckt. No. RC220002RO (2/23/05) [3-pg. doc.]

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