Tenant's Niece Gets Pass-On Rights

Tenant's niece asked the DHCR to grant her pass-on rights to a rent-stabilized apartment. The niece claimed that she lived with tenant from 1994 until her death, in 2002. Tenant was in a wheelchair during that time. The niece cared for her, had power of attorney, was named as agent in tenant's health care proxy, and was the beneficiary of tenant's will. The niece also produced documents, including tax returns, bank statements, and telephone bills, showing that the apartment was her address. The DRA ruled for the niece, finding that she had pass-on rights as a nontraditional family member. Landlord appealed and argued that the niece didn't prove financial and emotional connection with tenant. The DHCR ruled against landlord. The niece lived in the apartment for at least two years before tenant died, had a family relationship with tenant, participated in family-type activities, and showed a pattern of behavior that demonstrated an emotional connection.

Austin Mgmt. Co.: DHCR Adm. Rev. Dckt. No. TB120020RO (7/8/05) [4-pg. doc.]