Tenant's Daughter Didn't Prove She Lived with Mother

LVT Number: 18373

Tenant's daughter complained to the DHCR that landlord refused to give her a renewal lease after tenant died. The daughter claimed that she was mentally disabled and had lived with tenant for 18 months to take care of tenant before she died. Landlord claimed that the daughter didn't live in the apartment before tenant died. The DRA ruled against the daughter. She appealed and lost. Landlord showed that the daughter registered to vote from another address. The daughter produced a cable television bill addressed to her at tenant's apartment, but it was for service at the other address.

Tenant's daughter complained to the DHCR that landlord refused to give her a renewal lease after tenant died. The daughter claimed that she was mentally disabled and had lived with tenant for 18 months to take care of tenant before she died. Landlord claimed that the daughter didn't live in the apartment before tenant died. The DRA ruled against the daughter. She appealed and lost. Landlord showed that the daughter registered to vote from another address. The daughter produced a cable television bill addressed to her at tenant's apartment, but it was for service at the other address. The daughter claimed that she didn't file tax returns because she received SSI. She submitted no tax returns or other documentary proof that she lived in tenant's apartment. One undated telephone bill and one letter from a high school to the daughter at the apartment address were insufficient proof.

Latoni: DHCR Adm. Rev. Dckt. No. TD210045RT (8/17/05) [2-pg. doc.]

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