Tenant's Grandson Isn't Covered Under Rent Control

Rent-stabilized tenant complained of a rent overcharge. He claimed he had lived with rent-controlled tenant as a nontraditional family member until she died and was entitled to pass-on rights as a rent-controlled tenant. Tenant claimed that landlord had forced him to sign a stipulation giving him a rent-stabilized lease at a higher rent. The DRA started a separate proceeding to determine whether tenant was rent-controlled. The DRA ruled against tenant on that issue. Tenant appealed. The DHCR again ruled against tenant. Tenant claimed that rent-controlled tenant had sponsored his admission to this country in 1977. Tenant lived briefly in the apartment and then left for Louisiana to attend college. Tenant considered rent-controlled tenant his grandmother and claimed to have lived with her again between 1983 and the time of her death in 1987. But tenant never submitted any proof to the DHCR that he lived in the apartment during the two years immediately prior to rent-controlled tenant's death. Therefore tenant remained subject to rent stabilization.

Ngemi: DHCR Adm. Rev. Dckt. No. IC420003RT (6/4/96) [7-page document]