Tenant's Husband Must Pay Vacancy Increase to Remain in Apartment

Tenant complained that he was entitled to a pass-on renewal lease after his wife, the prior tenant, died. The DRA ruled against tenant. Tenant appealed, claiming that except for a 10-month period in 1996, he had lived in the apartment with his wife from 1979 until her death, in 1998. He said his wife was the sole tenant of record during that time. The DHCR ruled against tenant. Tenant filed an income certification for the apartment in 1997. She stated that her husband wasn't living in the apartment at that time. Only her son lived in the apartment with her. The son was entitled to a renewal lease, since he lived in the apartment with tenant/mother for at least two years before she died. Tenant/husband later moved in with the son, and lived with the son for at least two years before the son moved out. So he was the second successive tenant to get pass-on rights. He had to pay a vacancy increase to remain as tenant.

Levin: DHCR Adm. Rev. Dckt. No. SK410050RT (1/28/05) [2-pg. doc.]