No Proof Occupant Lived with Tenant

Occupant complained that landlord refused to give him a lease after rent-stabilized tenant died. Occupant claimed he was a nontraditional family member entitled to pass-on rights. The DRA ruled against occupant. Occupant appealed and lost. Occupant claimed he had lived in the apartment with tenant for over two years before she died. But he submitted no proof of this claim. He wasn't listed on any leases as an apartment occupant. And the only document he submitted with the apartment listed as his address was tenant's death certificate. This showed only that he listed the apartment as his address after tenant died. Since occupant didn't prove he had lived in the apartment for at least two years with tenant before she died, the DRA didn't have to decide whether occupant was a nontraditional family member.

Konowalskyj: DHCR Adm. Rev. Dckt. No. UA210018RT (3/21/06) [2-pg. doc.]