Occupant Proves Family-Type Relationship with Tenant

LVT Number: #23947

An apartment occupant complained to the DHCR that landlord refused to give him a renewal lease. He claimed that he moved into the apartment with rent-stabilized tenant in 2005, shared expenses and family-type activities, and took care of her until tenant died in 2010. The DRA ruled for the occupant and ordered landlord to give him a rent-stabilized renewal lease. Landlord appealed and lost. Landlord argued that tenant's children wrote a letter stating that they didn't wish to live in the apartment. But that had no bearing on the occupant's succession rights.

An apartment occupant complained to the DHCR that landlord refused to give him a renewal lease. He claimed that he moved into the apartment with rent-stabilized tenant in 2005, shared expenses and family-type activities, and took care of her until tenant died in 2010. The DRA ruled for the occupant and ordered landlord to give him a rent-stabilized renewal lease. Landlord appealed and lost. Landlord argued that tenant's children wrote a letter stating that they didn't wish to live in the apartment. But that had no bearing on the occupant's succession rights. He had submitted documents proving his emotional and financial commitment and interdependence with tenant. Since he lived with tenant in the apartment as a primary residence for at least two years before she died, he was entitled to a renewal lease as a remaining family member.

Visage Realty: DHCR Adm. Rev. Docket No. ZC410050RO (1/5/12) [2-pg. doc.]

Downloads

ZC410050RO.pdf52.32 KB