Rent-Controlled Tenant's Daughter Gets Apartment

Rent-controlled tenant's daughter claimed pass-on rights to the apartment after tenant died. The DRA ruled for daughter, and landlord appealed. Landlord claimed that daughter didn't prove she'd lived in the apartment with tenant for two years before tenant died. Landlord also argued that the DRA had miscalculated rent for the apartment. The DHCR ruled for landlord in part. Tenant's daughter presented sufficient documentation that she'd lived in the apartment during the required period. Records included letters from the Department of Veterans Affairs and the Social Security Administration, as well as statements from a social worker, who said she spoke monthly with tenant's daughter at the apartment and that tenant's daughter received medicine there. Neighbors also submitted sworn statements that tenant's daughter lived in the apartment. But tenant's rent was miscalculated. It should be $143 per month, instead of $123.

Poulakas: DHCR Adm. Rev. Dckt. No. UC620002RO (6/22/06) [3-pg. doc.)