Tenant's Mother Claims Pass-on Rights

LVT Number: #24567

Rent-stabilized tenant's mother filed a lease violation complaint with the DHCR. She claimed that landlord refused to offer her a renewal lease even though she had succession rights after tenant permanently vacated. The DRA ruled for the mother and ordered landlord to give her a lease. Landlord appealed, and the case was reopened. The records showed that only the mother lived in the apartment both before 2009 and after. But the DRA must do more fact finding, including determining the date that tenant permanently moved out.

Rent-stabilized tenant's mother filed a lease violation complaint with the DHCR. She claimed that landlord refused to offer her a renewal lease even though she had succession rights after tenant permanently vacated. The DRA ruled for the mother and ordered landlord to give her a lease. Landlord appealed, and the case was reopened. The records showed that only the mother lived in the apartment both before 2009 and after. But the DRA must do more fact finding, including determining the date that tenant permanently moved out. Since the mother was a senior citizen, she need only prove that she lived in the apartment with tenant for a year before tenant moved out.

Georgetown Leasing, LLC: DHCR Adm. Rev. Docket No. AM210011RO (11/27/12) [3-pg. doc.]

Downloads

AM210011RO.pdf84.48 KB