Tenant's Husband Gets Rent-Stabilized Apartment

LVT Number: #26626

Rent-stabilized tenant’s husband complained that landlord refused to give him a renewal lease in his name after tenant died in 2012. He said he had lived in the apartment with tenant since 1978 and that they were married in 1991. The DRA ruled for the husband and ordered landlord to give him a renewal lease. Landlord appealed and lost. Landlord claimed that it hadn’t received notice of the husband’s DHCR complaint and didn’t even know that the husband was living in the apartment until 2014.

Rent-stabilized tenant’s husband complained that landlord refused to give him a renewal lease in his name after tenant died in 2012. He said he had lived in the apartment with tenant since 1978 and that they were married in 1991. The DRA ruled for the husband and ordered landlord to give him a renewal lease. Landlord appealed and lost. Landlord claimed that it hadn’t received notice of the husband’s DHCR complaint and didn’t even know that the husband was living in the apartment until 2014. But the DHCR found that the DRA mailed the complaint to landlord and there was a presumption of receipt. And landlord presented no proof to rebut the husband’s statement that he had lived in the apartment with his wife since 1978. 

 

 

A&R Davidson Mgmt. LLC: DHCR Adm. Rev. Docket No. DS610037RO (9/23/15) [3-pg. doc.]

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