Tenant's Daughter Entitled to Renewal Lease

Rent-stabilized tenant's daughter filed a renewal lease complaint with the DHCR in 1997. She claimed that landlord refused to renew the lease in her name after tenant died, even though she had lived with tenant in the apartment since 1979. Landlord claimed that the daughter had moved out before tenant died and moved back in after tenant died. The DRA ruled for landlord based on tenant's failure to submit any additional proof to support her pass-on rights claim. The daughter appealed, claiming that she never got the DRA's request for additional proof. She submitted documents with her PAR, including a birth certificate showing that she was a minor when tenant died, two renewal leases from 1993 and 1995 that named both tenant and the daughter, pay stubs showing that the daughter lived in the apartment for the two years before tenant's death, and health care records showing that tenant was leaving the hospital to live in the apartment with the daughter during the period in question. The DHCR accepted the daughter's proof that she had lived in the apartment her whole life. She was entitled to a renewal lease.

Degrijze: DHCR Adm. Rev. Dckt. No. ME110017RT (4/23/01) [3-pg. doc.]