Tenant's Brother Gets Rent-Controlled Apartment

Landlord asked the DRA for permission to evict rent-controlled tenant's brother, claiming that tenant had moved out. The DRA ruled against landlord, finding that tenant had moved out, but that his brother had pass-on rights. Landlord appealed and lost. Tenant's brother showed that he had lived in the apartment for at least two years with tenant before tenant moved out. He submitted tenant's sworn statement, tax returns, letters from the Department of Social Services and family court, and bank notices, all of which supported his claim.

Garcia: DHCR Adm. Rev. Dckt. No. ML420030RO (12/16/99) [2-pg. doc.]