Son Didn't Live with Tenant for Two Years

Tenant complained of a rent overcharge. Tenant had lived in the apartment with his mother when she was the tenant and claimed pass-on rights. He said landlord improperly charged him a vacancy increase instead of a renewal increase after his mother left the apartment. The DRA ruled against tenant. Tenant appealed and lost. Tenant didn't live in the apartment with his mother for at least two years before she died. Among other things, landlord had sued tenant's mother for nonpayment before she moved out. Tenant's son never appeared in that case. And tenant submitted no proof that he lived in the apartment for the required two-year period. So landlord properly charged tenant a vacancy increase when it gave tenant his own lease.

Brea: DHCR Adm. Rev. Dckt. No. SA610050RT (4/13/04) [2-pg. doc.]