Daughter Proved She Lived with Tenant for Two Years

LVT Number: 17359

Tenant's daughter complained that landlord didn't offer her a rent-stabilized renewal lease. She claimed pass-on rights to the apartment after tenant (her father) died. The DRA ruled against tenant's daughter, and she appealed. Tenant died in 1998. The daughter attended college out of state until 1995, then returned to live in the apartment with her father. She cared for her terminally ill father until he died.

Tenant's daughter complained that landlord didn't offer her a rent-stabilized renewal lease. She claimed pass-on rights to the apartment after tenant (her father) died. The DRA ruled against tenant's daughter, and she appealed. Tenant died in 1998. The daughter attended college out of state until 1995, then returned to live in the apartment with her father. She cared for her terminally ill father until he died. Tenant's daughter submitted copies of City Human Resources Administration and day care center documents listing her address as the apartment during the three years before tenant died. The DHCR ruled for tenant's daughter. She submitted sufficient proof that she had lived in the apartment with tenant for at least two years before tenant died. So she was entitled to pass-on rights.

Daluz: DHCR Adm. Rev. Dckt. No. SC410038RT (4/30/04) [3-pg. doc.]

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