Tenant's Parents Can't Get Pass-On Rights

Tenant's parents complained to the DHCR that landlord wouldn't give them a renewal lease to tenant's apartment. They claimed that they had lived in the apartment with tenant for at least a year before she moved out, and that one of them was disabled. The DRA ruled against parents. They appealed and lost. Tenant started attending law school in California in January 2003. The parents claimed that they moved into the apartment in February 2003. So they didn't live in the apartment with tenant. In addition, tenant's father claimed that he had a disability and so only had to live in the apartment with tenant for one year, not two, to qualify for pass-on rights. But his sleep apnea condition didn't appear to be a disability. His doctor said that he must wear a mask at night. There was no proof that his activities were limited.

Grant: DHCR Adm. Rev. Dckt. No. TF210144RT (8/29/05) [2-pg. doc.]