Son Can't Get Rent-Controlled Apartment

Landlord asked the DHCR for a ruling on an apartment's rent regulation status. Tenant claimed that he was rent controlled based on succession rights from his father. The DRA ruled against tenant. Tenant didn't prove succession rights and, since the building had fewer than six units, he wasn't rent stabilized either. Tenant appealed and lost. Tenant failed to prove that he had lived in the apartment with his father for at least two years before the father moved to Florida in 1976. Tenant obtained gas service at another apartment in 1974 and had leases for the other apartment until 1982. And landlord didn't wait too long to question tenant's status. Landlord filed its application with the DHCR two years after buying the building. And tenant had held on to the rent-controlled apartment while also renting another rent-stabilized unit and hiding this information from prior landlord.

Nocco: DHCR Adm. Rev. Docket No. WL220018RT (4/8/09) [7-pg. doc.]