Tenant's Brother-in-Law Not Entitled to Pass-On Rights

Tenant complained of a rent overcharge. He claimed that he had pass-on rights from prior tenant. Landlord gave tenant a lease in 2002. But tenant said that he and his wife had lived in the apartment with prior tenant and prior tenant's wife since 1995. Tenant said that his wife and prior tenant's wife were sisters. The DRA ruled for tenant and said that tenant should have gotten a renewal lease, not a vacancy lease. Landlord appealed. Tenant and prior tenant were brothers-in-law. Although their wives were sisters, the wives weren't tenants of record. A brother-in-law isn't entitled to pass-on rights. And there was no proof of a nontraditional family relationship that would otherwise be grounds for pass-on rights. So landlord correctly gave tenant a vacancy lease, and there was only a minor rent overcharge.

Forsyth Street LLC: DHCR Adm. Rev. Dckt. No. TF410040RO (2/28/06) [5-pg. doc.]