Tenant's Grandson Didn't Prove He Lived in Apartment

July 31, 1994

LVT Number: 8977

Tenant's grandson applied to the DHCR for pass-on rights to his grandmother's apartment after her death. The DHCR denied the application, finding that the grandson never proved that the apartment was his primary residence for at least two years. The grandson appealed, and the appeals court upheld the DHCR's ruling. The DHCR's decision wasn't arbitrary or capricious. The apartment address wasn't on grandson's tax returns, driver's licence, bank accounts, or other pertinent documents---his only evidence of primary residence was one letter addressed to him at the apartment.

Tenant's grandson applied to the DHCR for pass-on rights to his grandmother's apartment after her death. The DHCR denied the application, finding that the grandson never proved that the apartment was his primary residence for at least two years. The grandson appealed, and the appeals court upheld the DHCR's ruling. The DHCR's decision wasn't arbitrary or capricious. The apartment address wasn't on grandson's tax returns, driver's licence, bank accounts, or other pertinent documents---his only evidence of primary residence was one letter addressed to him at the apartment. Also, his grandmother hadn't listed him on her income affidavit, or filed a Notice of Change to Tenant's Family form.

Brown v. Halperin: NYLJ, p. 31, col. 6 (7/6/94) (Sup. Ct.. Queens; Lisa, J)

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