Adopted Daughter Gets Tenant's Rent-Stabilized Apartment

LVT Number: #24849

Landlord asked the DHCR to determine whether rent-stabilized tenant's adopted daughter had succession rights. The DRA ruled for the daughter. Landlord appealed and lost. Landlord claimed that the daughter didn't live in the apartment with tenant for two years before tenant died. Landlord argued that tenant moved out in 2003 or 2004 and that prior landlord accepted the daughter only as a month-to-month tenant. But there was no proof supporting landlord's claim. The report of landlord's own investigator indicated that the daughter had alternate addresses.

Landlord asked the DHCR to determine whether rent-stabilized tenant's adopted daughter had succession rights. The DRA ruled for the daughter. Landlord appealed and lost. Landlord claimed that the daughter didn't live in the apartment with tenant for two years before tenant died. Landlord argued that tenant moved out in 2003 or 2004 and that prior landlord accepted the daughter only as a month-to-month tenant. But there was no proof supporting landlord's claim. The report of landlord's own investigator indicated that the daughter had alternate addresses. But that report also showed that the daughter received mail, was registered to vote, had a New York State driver's license, a car registered in her name, and a phone number at tenant's address. 

Goref 137th Street LLC: DHCR Adm. Rev. Docket No. ZC420046RO (4/19/14) [3-pg. doc.]

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