Occupant Proved Nontraditional Family Member Status

July 31, 2003

LVT Number: 16736

Landlord asked the DHCR to decide whether occupant of a rent-controlled apartment had pass-on rights. The DRA ruled for occupant, finding that she had lived in the apartment since 1974 with tenant and their son. Tenant died in 1991. Landlord appealed and lost. Landlord waited until nine years after tenant died to raise the issue concerning occupant's rights. This interfered with occupant's ability to produce documents showing she had lived in the apartment for many years. So landlord should have been barred from questioning occupant's pass-on rights.

Landlord asked the DHCR to decide whether occupant of a rent-controlled apartment had pass-on rights. The DRA ruled for occupant, finding that she had lived in the apartment since 1974 with tenant and their son. Tenant died in 1991. Landlord appealed and lost. Landlord waited until nine years after tenant died to raise the issue concerning occupant's rights. This interfered with occupant's ability to produce documents showing she had lived in the apartment for many years. So landlord should have been barred from questioning occupant's pass-on rights. In addition, occupant produced sufficient proof that she had lived in the apartment with tenant for many years before his death. Her son's birth certificate listed the address of tenant and occupant as the apartment. Tenant and occupant filed joint tax returns from 1984 to 1990. Tenant's union death benefit beneficiary designation card named occupant as his wife.

Mavrikos: DHCR Adm. Rev. Dckt. No. QG120002RO (6/24/03) [5-pg. doc.]

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