Landlord Didn't Prove Elderly Tenant Had Moved Permanently to Nursing Home

LVT Number: #26976

Landlord asked the DHCR for permission to terminate rent-controlled tenancy and proceed for eviction based on landlord’s wish to recover the apartment for owner occupancy.  Landlord claimed that the rent-controlled tenant had moved out of the apartment and was living in a nursing home. Tenant’s son claimed he had lived in the apartment over 20 years, and submitted his 1983 voter registration as proof. Landlord claimed that the son used the apartment only as a mailing address until 2012 when tenant moved to the nursing home.

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Elgart: DHCR Adm. Rev. Docket No. DR220012RO (3/9/16) [3-pg. doc.]