Tenant's Son Gets Rent-Controlled Apartment

LVT Number: #25793

Rent-controlled tenant's son asked the DHCR to grant him succession rights after tenant died in 2009. The DRA ruled for the son. Landlord appealed and lost. Landlord claimed that the son failed to prove he lived in the apartment for at least two years with tenant before she died. But the son proved both his relationship and his occupancy through sufficient documentary proof.

Rent-controlled tenant's son asked the DHCR to grant him succession rights after tenant died in 2009. The DRA ruled for the son. Landlord appealed and lost. Landlord claimed that the son failed to prove he lived in the apartment for at least two years with tenant before she died. But the son proved both his relationship and his occupancy through sufficient documentary proof. He submitted to the DRA copies of his birth certificate, tenant's death and marriage certificates, his voting records, income tax returns from 2003 through 2010, correspondence from the DMV, a DHCR form notice from tenant advising landlord in 2008 that the son had lived with tenant since 2003, telephone bills, credit card statements, bank statements, and earnings statements for the years 2007 through 2009, all listing tenant's apartment as the son's address. The son also submitted a 2003 invoice from a moving company for transport of his belongings from his prior home in Jersey City to the apartment.

333 Central Park West: DHCR Adm. Rev. Docket No. AW420039RO (8/27/14) [3-pg. doc.]

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