Tenant's Son Gets Rent-Stabilized Apartment

LVT Number: #26752

Rent-stabilized tenant’s son claimed succession rights and complained that landlord refused to offer him a renewal lease after tenant died. The DRA ruled for the son, finding he proved he had lived in the apartment with tenant for at least two years before she died. Landlord appealed and lost. Tenant’s son showed that had lived in the apartment since he was born.

Rent-stabilized tenant’s son claimed succession rights and complained that landlord refused to offer him a renewal lease after tenant died. The DRA ruled for the son, finding he proved he had lived in the apartment with tenant for at least two years before she died. Landlord appealed and lost. Tenant’s son showed that had lived in the apartment since he was born. Proof he submitted included a 1972 birth certificate, 2010 driver’s license, wage statements issued during 2013, New York State tax forms for 2010 through 2012, a city-issued vending license, W-2 forms for 2007 and 2008, medical bills, a 1990 Social Security statement, and a 2010 bank statement. While the son’s documentation could be more comprehensive and exhaustive, it was sufficient to show that he was living in the apartment well before May 2011, and from that date through the May 2013 date of tenant’s death.

 

 

 

Drozd: DHCR Adm. Rev. Docket No. CN110047RO (11/6/15) [5-pg. doc.]

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