OK to Evict Occupant of Rent-Controlled Apartment

Facts: Landlord asked the DHCR for permission to evict occupant of a rent-controlled apartment. Occupant moved into the apartment in January 1986 to house-sit for tenants while they travelled abroad. Occupant argued that his status changed to tenant in January 1987. At that time, he told landlord that tenants wouldn't be returning, and landlord accepted his rent checks for the next two months. Occupant also claimed that he'd signed a sublease agreement in which tenants stated that the managing agent approved the sublet. Landlord claimed that it immediately stopped accepting occupant's rent checks in April 1987 when it learned that tenants wouldn't be returning to the apartment. Landlord also argued that it had never accepted occupant as a substitute tenant or gotten a copy of the sublease. The ALJ granted landlord's application for eviction, and occupant appealed. DHCR: Landlord wins. Occupant's claims regarding the sublease weren't credible, and his argument that landlord had accepted him as a substitute tenant wasn't supported by any evidence. Landlord had only let occupant stay in the apartment as a favor to tenants.

Bouya: DHCR Adm. Rev. Dckt. No. FB 410126-RT (9/22/94) [8-page document]