Daughters Get Rent-Stabilized Apartment

LVT Number: #20484

The daughters of a rent-stabilized tenant complained that landlord refused to give them a renewal lease in their names after tenant moved out of the apartment in 2006. They claimed that they had lived in the apartment with tenant since 1997. Landlord claimed that tenant hadn't moved out. In reply, the daughters submitted proof that tenant had moved out. They also submitted documents to the DRA showing that they had lived in the apartment with tenant for more than two years before tenant moved out. The DRA ruled for tenant's daughters, finding that they had pass-on rights.

The daughters of a rent-stabilized tenant complained that landlord refused to give them a renewal lease in their names after tenant moved out of the apartment in 2006. They claimed that they had lived in the apartment with tenant since 1997. Landlord claimed that tenant hadn't moved out. In reply, the daughters submitted proof that tenant had moved out. They also submitted documents to the DRA showing that they had lived in the apartment with tenant for more than two years before tenant moved out. The DRA ruled for tenant's daughters, finding that they had pass-on rights. Landlord appealed, claiming that it never received documents from the DRA that the daughters submitted so it never had a chance to respond. The DHCR ruled against landlord. Landlord didn't raise this issue before the DRA and can't do so now for the first time. In addition, the documents proved that the daughters lived in the apartment with tenant for the required period of time.

E. 103rd St. & Lex. Ave. Realty Corp.: DHCR Adm. Rev. Docket No. VJ410082RO (3/7/08) [2-pg. doc.]

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