Tenant's Daughter Gets Rent-Stabilized Apartment

Rent-stabilized tenant's daughter complained to the DHCR that landlord refused to give her a renewal lease in her own name after tenant died in November 2011. The DRA ruled for the daughter and ordered landlord to give her the renewal lease. Landlord appealed and lost. Landlord argued that the daughter failed to prove continuous, uninterrupted co-residency with tenant for two years before tenant died. Landlord claimed that the daughter only sporadically visited tenant at the apartment. But the daughter submitted a copy of her birth certificate proving her relationship to tenant, a copy of her son's birth certificate that listed her residence as the apartment in March 2009, a copy of a payment voucher from her employer listing the daughter's address as the apartment in November 2008, several letters from NYC social service agencies listing the apartment as the daughter's residence between August and December 2010, and a W-2 wage and tax statement for 2007 listing the apartment as the daughter's residence. Landlord, in turn, submitted no documentary evidence to show that the daughter merely used the apartment as a mailing address while maintaining a primary residence elsewhere.

9215 Realty LLC: DHCR Adm. Rev. Docket No. AU210018RO (1/29/13) [3-pg. doc.]