Tenant's Son Gets Rent-Stabilized Apartment

Rent-stabilized tenant's son complained of a rent overcharge and that landlord refused to give him a renewal lease after tenant died. The DRA found no rent overcharge, but ordered landlord to give the son a renewal lease in his own name. The DRA found that the son's name appeared as co-tenant on tenant's initial lease, and on the 1997 and 1999 renewal leases. The 2001 and 2003 renewal leases listed only tenant's name, but were signed by both tenant and her son. Landlord appealed, claiming that the son submitted conflicting proof and hadn't shown he had pass-on rights. Landlord also said that the DRA should have held a hearing to decide questions of fact.
The DHCR ruled against landlord. A hearing wasn't required since documents submitted clearly showed that tenant's son was entitled to a renewal lease. Landlord showed only a 2005 renewal lease where landlord's signature appeared in the place where the son had signed prior renewal leases, and a 2005 SCRIE application that had something deleted where the name of an additional occupant would appear. Tenant's son explained that tenant's SCRIE application was denied because his name and income were included, making the household income too high for SCRIE eligibility. There was no proof, as landlord claimed, that the son had surrendered any rights to the apartment.

1418 Kitchen Co.: DHCR Adm. Rev. Docket No. WI410044RO (1/29/09) [3-pg. doc.]