Rent-Controlled Tenant's Family Member Is Rent Stabilized

Tenant complained that landlord was illegally requiring him to sign a rent-stabilized renewal lease. Tenant claimed he was rent controlled because he had lived in the apartment with his grandmother, who was a rent-controlled tenant. The DRA ruled against tenant. Tenant appealed and lost. Tenant's grandmother had lived in the apartment until she died in June 2003. Tenant didn't prove that he had lived in the apartment with his grandmother for at least two years before she died. The grandmother received SCRIE benefits and never reported that her grandson lived with her. Tenant previously signed a rent-stabilized vacancy lease offered by landlord. Other records showed that tenant lived with his wife at a different address in 1998, and may have lived there primarily until his grandmother died. Tenant didn't submit a driver's license or voter registration showing the apartment as his residence. Although tenant submitted a statement from other tenants with his PAR, this statement wasn't submitted to the DRA and didn't show that tenant lived in his grandmother's apartment as his primary residence between 2001 and 2003.

Davis: DHCR Adm. Rev. Docket No. UG220011RT (1/18/07) [4-pg. doc.]