Tenant's Cousin Gets Apartment

September 30, 2001

LVT Number: 15306

Tenant of a condominium apartment complained of a rent overcharge. Landlord claimed that prior rent-stabilized tenant died and that the apartment was automatically deregulated. Landlord gave tenant a lease at a free market rent and claimed that there could be no overcharge finding. The DRA ruled for tenant. Landlord appealed and lost. Tenant was prior tenant's cousin, had lived with prior tenant for 10 years, shared household expenses with her, and attended family functions with her. So tenant qualified as a family member who was entitled to pass-on rights.

Tenant of a condominium apartment complained of a rent overcharge. Landlord claimed that prior rent-stabilized tenant died and that the apartment was automatically deregulated. Landlord gave tenant a lease at a free market rent and claimed that there could be no overcharge finding. The DRA ruled for tenant. Landlord appealed and lost. Tenant was prior tenant's cousin, had lived with prior tenant for 10 years, shared household expenses with her, and attended family functions with her. So tenant qualified as a family member who was entitled to pass-on rights.

83 Broadway Assoc.: DHCR Admin. Rev. Dckt. No. NL110072RO (8/20/01) [3-pg. doc.]

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