Daughter Lived with Tenant for at Least Two Years

LVT Number: #22702

Tenant’s daughter claimed pass-on rights to tenant’s rent-stabilized apartment and complained that landlord refused to give her a renewal lease in her name after tenant moved out. The DRA ruled for the daughter and ordered landlord to give her a renewal lease. Landlord appealed and lost. Prior and current landlords acknowledged that the daughter lived in the apartment with tenant. In July 2006, landlord offered the daughter an incomplete vacancy lease in her own name.

Tenant’s daughter claimed pass-on rights to tenant’s rent-stabilized apartment and complained that landlord refused to give her a renewal lease in her name after tenant moved out. The DRA ruled for the daughter and ordered landlord to give her a renewal lease. Landlord appealed and lost. Prior and current landlords acknowledged that the daughter lived in the apartment with tenant. In July 2006, landlord offered the daughter an incomplete vacancy lease in her own name. If that lease didn’t have missing pages and no signature line, the daughter would have signed it. There also was sufficient proof, including income tax, voting, and DMV records, that the daughter lived with tenant for at least two years before tenant moved out.

 

J.C. Chasop, LLC: DHCR Adm. Rev. Docket No. XK210036RO (4/12/10) [5-pg. doc.]

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