Rent-Controlled Tenant's Grandson Is Rent Stabilized

December 1, 2001

LVT Number: 15477

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant filed a complaint claiming that he was rent controlled and that a prior landlord had forced his mother to sign a rent-stabilized lease four days after his grandmother died. The DRA ruled that, instead, tenant was rent stabilized. Tenant appealed and lost. Tenant's grandmother was rent controlled. Tenant submitted no proof that he and his mother were residing in the apartment before tenant's grandmother's death in 1979, despite the DRA's request.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant filed a complaint claiming that he was rent controlled and that a prior landlord had forced his mother to sign a rent-stabilized lease four days after his grandmother died. The DRA ruled that, instead, tenant was rent stabilized. Tenant appealed and lost. Tenant's grandmother was rent controlled. Tenant submitted no proof that he and his mother were residing in the apartment before tenant's grandmother's death in 1979, despite the DRA's request. So tenant is not rent controlled. Since the building contains more than six apartments, he is unquestionably rent stabilized.

Mayer: DHCR Adm. Rev. Dckt. No. PH420025RT (11/14/01) [2-pg. doc.]

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