Rent-Stabilized Tenant's Cousin Gets Apartment

LVT Number: #27931

Apartment occupant claimed succession rights after rent-stabilized tenant moved out. Occupant said she was tenant's cousin and had lived with tenant for more than two years before tenant vacated in 2008. The DRA ruled for occupant. Landlord appealed and lost. The cousin qualified under the Rent Stabilization Code as a nontraditional family member since she had lived with tenant since 2003 and tenant sponsored her while she was a foreign college student in Brooklyn, paying for her room and board.

Apartment occupant claimed succession rights after rent-stabilized tenant moved out. Occupant said she was tenant's cousin and had lived with tenant for more than two years before tenant vacated in 2008. The DRA ruled for occupant. Landlord appealed and lost. The cousin qualified under the Rent Stabilization Code as a nontraditional family member since she had lived with tenant since 2003 and tenant sponsored her while she was a foreign college student in Brooklyn, paying for her room and board. Tenant and another relative also submitted sworn statements attesting to the family nature of the relationship, sharing of household finances, and caring for each other in illness. The cousin also submitted documentation that she lived in the apartment with tenant as her primary residence. These included a NY State ID card, Social Security records, income tax returns, school records, medical records, and credit card bills.  

Nosotros HDFC: DHCR Adm. Rev. Docket No. ZJ610013RO (7/26/17) [18-pg. doc.]

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