Tenant's Nephew Can't Get Rent-Stabilized Apartment

Rent-stabilized tenant's nephew claimed pass-on rights to tenant's apartment and complained that landlord refused to offer him a renewal lease in his own name. The nephew claimed that he moved into the apartment in 2002, but because he hadn't established good credit, the initial vacancy lease and all subsequent renewals were in the name of his uncle as tenant. He claimed that tenant never lived in the apartment. While his DHCR complaint was pending, the nephew changed his claim and stated that the tenant was his brother.

The DRA ruled against the nephew after he failed to submit requested documentation of his relationship to tenant as well as a letter stating the exact date tenant moved out and waived his rights to the apartment. The nephew submitted only copies of utility bills in his name.

The nephew appealed and lost. For the first time with his PAR, the nephew submitted a copy of his own birth certificate and tenant's passport. But he didn't submit the required documentation when requested by the DRA. Also, the nephew's birth certificate stated his mother's name, but tenant's passport doesn't state any mother's name. So there was no proof that the men were brothers. And a nephew doesn't qualify as an immediate family member under the Rent Stabilization Code. There also was no proof that tenant and the nephew ever lived in the apartment together. 

Ojo: DHCR Adm. Rev. Docket No. BR210021RT (12/11/13) [3-pg. doc.]