Tenant's Sister Can't Get Apartment Without Proof Tenant Had Vacated

Rent-stabilized tenant's sister claimed pass-on rights and complained to the DHCR that landlord refused to give her a renewal lease in her name. The DRA ruled against the sister, who appealed and lost. Although the sister proved her relationship to the tenant and that she had primarily resided in the apartment for at least two years, she didn't prove that tenant had permanently vacated the apartment. The sister claimed that tenant moved to Florida in 2014 for health reasons. But tenant didn't surrender possession of the apartment to landlord. And the sister failed to submit a notarized letter from tenant stating that he had permanently vacated, as requested by the DRA.

Melendez: DHCR Adm. Rev. Docket No. GP610003RK (5/17/18) [2-pg. doc.]