Tenant's Son Doesn't Prove Pass-On Rights

Tenant's son complained to the DHCR that landlord wouldn't give him a renewal lease after tenant died. He claimed that he had lived with tenant and was entitled to pass-on rights. The DRA ruled against tenant's son. He appealed, claiming that he had submitted documents to the DRA proving his claim. The DHCR ruled against tenant's son. He submitted to the DRA copies of a letter from Social Security addressed to him at the apartment on Sept. 25, 2007, his birth certificate, bank statements for an account of his mother's in trust for him from 2003, and two mailing envelopes addressed to him at the apartment. One of these was postmarked in 1999, and the other postmark was illegible. The DHCR ruled against tenant's son. These documents were insufficient to prove that tenant's son lived with tenant for two years between February 2004 and February 2006, when tenant passed away.

Boria: DHCR Adm. Rev. Docket No. VI610052RT (12/21/07) [2-pg. doc.]