Tenant's Brother Gets Rent-Stabilized Apartment

Tenant's brother complained that landlord refused to give him a renewal lease in his name after rent-stabilized tenant moved out. The brother claimed that he moved into the apartment in 1984. He submitted various documents, including copies of Mexican birth certificates for himself and tenant, and a sworn statement from tenant stating that he moved out in 1993. Tenant said that landlord refused to give the brother a lease at that time. The DRA ruled for tenant's brother. Landlord appealed and lost. Landlord claimed that the brother deceptively waited 15 years after tenant vacated to claim pass-on rights. But the DHCR found that the brother's delay didn't affect the outcome since he proved that he was tenant's family member and submitted substantial proof that he lived in the apartment with tenant for more than two years before tenant moved out in 1993. Landlord was ordered to give the brother a rent-stabilized renewal lease.

211 Avenue A Owner, LLC: DHCR Adm. Rev. Docket No. YA410004RO (9/9/10) [6-pg. doc.]