Tenant's Brother Can't Get Apartment

The brother of rent-stabilized tenant complained to the DHCR that landlord refused to give him a renewal lease in his own name. Tenant had moved into the apartment in 1982. The brother claimed that he moved in with tenant in 1984 and that tenant moved out in 1993 while the brother and brother's family remained. The brother admitted that he or tenant continued to sign tenant's name on renewal leases and to pay rent by money orders that didn't identify the payer. The DRA ruled for the brother and ordered landlord to give him a renewal lease. Landlord appealed, claiming that the brother waived any succession rights by hiding tenant's departure for 15 years. The DHCR ruled that the brother's conduct didn't waive his succession rights.
Landlord appealed. The court sent the case back to the DHCR for reconsideration. The DHCR now ruled for landlord. Tenant didn't surrender his rights to the apartment until 2008, when he notified landlord that he had moved out and that his brother had lived in the apartment since 1984. Since tenant clearly had been out of the apartment for many years, the brother could not have lived there together with tenant for the two years before tenant gave up his rights to the apartment. In order to have succession rights, a family member must live in an apartment as his primary residence with tenant for at least two years before tenant permanently vacates. Tenant's brother didn't meet this requirement.