Stepgrandson Isn't Family Member

Tenant's stepgrandson asked the DHCR to grant him pass-on rights. He claimed that he moved into rent-controlled tenant's apartment in 1995 to take care of tenant. Landlord had already started an eviction case against stepgrandson after tenant moved out of the apartment. The DRA ruled against stepgrandson. Tenant had submitted a sworn statement that he had moved out and that he didn't consent to stepgrandson's occupying the apartment. Stepgrandson also didn't submit proof of his family relationship to tenant. Stepgrandson appealed, claiming that tenant didn't write the submitted statement. The DHCR ruled against stepgrandson. A ''stepgrandson'' didn't qualify as a family member under rent control regulations. He also didn't submit sufficient documentary proof that tenant's apartment was his address. And stepgrandson's claim that tenant's written statement wasn't believable wasn't supported by other proof. Tenant's daughter had also submitted a statement that stepgrandson wasn't a family member and that he lived in the apartment more as a roommate than as a family member.

Thomas: DHCR Adm. Rev. Dckt. No. TA220026RT (7/7/05) [3-pg. doc.]