Tenant's Son Entitled to Renewal Lease After Release from Prison

Tenant's son filed a lease violation complaint. After tenant died, landlord offered tenant's daughter a renewal lease. The son claimed that he also was entitled to the renewal. Landlord argued that tenant's son had been away from the apartment for 15 years while he was in prison. The DRA ruled for tenant's son and ordered landlord to offer a renewal lease to both the son and daughter. Landlord appealed and lost. Tenant's son moved into the apartment in 1972 with tenant, his father, and his sister. The father died in 1986. In 1994, the DHCR issued a prior order directing landlord to issue a renewal lease in the name of tenant and her son even though tenant's son went to jail in 1988. Landlord never appealed that decision. Tenant's son was released from prison in 2004 and returned to live with tenant. Tenant died in 2005. Landlord didn't dispute the facts but now claimed that tenant requested that landlord not put the son's name on the renewal lease.

354 East 66th Street Realty Corp.: DHCR Adm. Rev. Docket No. VA410002RO (5/16/07) [2-pg. doc.]