Landlord Accepted Rent from Tenant's Daughter

LVT Number: #21148

Rent-stabilized tenant's daughter claimed that landlord wouldn't give her a lease after tenant died. Landlord claimed that the daughter had no pass-on rights. The DRA ruled for the daughter, finding that landlord had accepted rent in her name for two years prior to tenant's death. Landlord appealed and lost. Tenant moved into the apartment with her family in 1976 and died in 2000. Her daughter paid the rent to prior landlord with her own checks from February 1994 to August 1999. These checks listed tenant's apartment as the daughter's home address.

Rent-stabilized tenant's daughter claimed that landlord wouldn't give her a lease after tenant died. Landlord claimed that the daughter had no pass-on rights. The DRA ruled for the daughter, finding that landlord had accepted rent in her name for two years prior to tenant's death. Landlord appealed and lost. Tenant moved into the apartment with her family in 1976 and died in 2000. Her daughter paid the rent to prior landlord with her own checks from February 1994 to August 1999. These checks listed tenant's apartment as the daughter's home address. Since the daughter showed she had lived in the apartment for more than two years before tenant died there, she was entitled to a renewal lease.

225 Eastern Parkway: DHCR Adm. Rev. Docket No. WJ210035RO (2/6/09) [4-pg. doc.]

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