Tenant's Niece Can't Get Rent-Stabilized Apartment

LVT Number: #27764

Yonkers apartment occupant complained to the DHCR of a threatened improper eviction, and claimed succession rights to her deceased aunt's rent-stabilized apartment. The niece submitted copies of W-2 forms and federal tax returns listing the apartment as her address in 2010 - 2015. Tenant died in December 2015. The DRA ruled against the niece, finding that she didn't submit proof that she was a nontraditional family member. The niece appealed and lost. The niece didn't submit proof of an emotional and financial commitment and interdependence with tenant.

Yonkers apartment occupant complained to the DHCR of a threatened improper eviction, and claimed succession rights to her deceased aunt's rent-stabilized apartment. The niece submitted copies of W-2 forms and federal tax returns listing the apartment as her address in 2010 - 2015. Tenant died in December 2015. The DRA ruled against the niece, finding that she didn't submit proof that she was a nontraditional family member. The niece appealed and lost. The niece didn't submit proof of an emotional and financial commitment and interdependence with tenant. The niece submitted only a family picture, 2011 tax return, W-2s, and a claim that she contributed $600 to the monthly rent and apartment expenses. There was no proof of any joint bank accounts, credit card accounts, or any shared common financial obligations or debts.

Mills: DHCR Adm. Rev. Docket No. ET910094RT (4/10/17) [5-pg. doc.]

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