Tenant's Son Has Pass-On Rights to Apartment

LVT Number: #20211

Rent-stabilized tenant's son asked the DHCR to rule that he should get a renewal lease after his mother died in 2004. He claimed that he had lived in the apartment with his mother and father, who were both tenants, since 1964. Both were now deceased. The DRA ruled against tenant's son. He appealed and won. The DHCR found that the son had lived in the apartment with tenant as his primary residence for at least two years before tenant died. Voter registration records showed that tenant's son voted from the apartment in 2000.

Rent-stabilized tenant's son asked the DHCR to rule that he should get a renewal lease after his mother died in 2004. He claimed that he had lived in the apartment with his mother and father, who were both tenants, since 1964. Both were now deceased. The DRA ruled against tenant's son. He appealed and won. The DHCR found that the son had lived in the apartment with tenant as his primary residence for at least two years before tenant died. Voter registration records showed that tenant's son voted from the apartment in 2000. His Social Security statement listed the apartment as his address in 2001. A Post Office document showed the son's mailing address in 2002 as the apartment. Landlord submitted no proof that tenant's son lived anywhere else between 2002 and 2004.

Langtry: DHCR Adm. Rev. Docket No. VG120027RT (11/27/07) [3-pg. doc.]

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