Tenant's Niece and Cousin Live with Her

LVT Number: #20558

Landlord asked the DHCR to increase rent-controlled tenant's rent because there were additional adult occupants living with tenant in the apartment. Tenant admitted that her cousin and niece lived with her. The DRA ruled for landlord and increased tenant's rent based on an increase in the number of adult occupants in the apartment who weren't immediate family members. Tenant appealed, claiming that she made a mistake in her answer to the DRA. She now claimed that her niece and cousin only visited her in the apartment, but they didn't "reside" there. The DHCR ruled against tenant.

Landlord asked the DHCR to increase rent-controlled tenant's rent because there were additional adult occupants living with tenant in the apartment. Tenant admitted that her cousin and niece lived with her. The DRA ruled for landlord and increased tenant's rent based on an increase in the number of adult occupants in the apartment who weren't immediate family members. Tenant appealed, claiming that she made a mistake in her answer to the DRA. She now claimed that her niece and cousin only visited her in the apartment, but they didn't "reside" there. The DHCR ruled against tenant. Tenant's new claim wasn't credible. And a niece or cousin weren't immediate family members under rent-control regulation definitions.

Garay: DHCR Adm. Rev. Docket No. VI420033RT (4/9/08) [2-pg. doc.]

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