Tenant's Roommate Didn't Prove Nontraditional Family Relationship

LVT Number: #29900

Apartment occupant complained to the DHCR that landlord refused to offer her a renew lease after rent-stabilized tenant died. Occupant claimed that she was a nontraditional family member entitled to succession rights. The DRA ruled against occupant, who appealed and lost. Occupant submitted no proof indicating that she and tenant intermingled finances and shared joint legal obligations. Although occupant probably lived in the apartment for some time in 2015 or 2016, she also failed to prove that she lived in the apartment with tenant for two years before tenant died.

Apartment occupant complained to the DHCR that landlord refused to offer her a renew lease after rent-stabilized tenant died. Occupant claimed that she was a nontraditional family member entitled to succession rights. The DRA ruled against occupant, who appealed and lost. Occupant submitted no proof indicating that she and tenant intermingled finances and shared joint legal obligations. Although occupant probably lived in the apartment for some time in 2015 or 2016, she also failed to prove that she lived in the apartment with tenant for two years before tenant died. There also was no proof that occupant and the former tenant relied on each other for household expenses, held themselves out as family, or formalized legal obligations. 

Depew: DHCR Adm. Rev. Docket No. GM410021RT (11/6/18) [3-pg. doc.]

Downloads

GM410021RT.pdf234.72 KB