Tenant's Nurse Not Entitled to Apartment
LVT Number: 11663
Facts: In 1979 rent-controlled tenant hired a nurse who moved into apartment with tenant. When tenant moved out in 1986, the nurse remained in the apartment. Landlord immediately sued to evict the nurse as an illegal occupant. The court ruled that landlord was required to first get a certificate of eviction from the DHCR. Landlord applied to the DHCR for order granting approval to proceed with the eviction. The DRA ruled for landlord, and the nurse appealed. DHCR: The nurse loses. The nurse moved into the apartment for the purpose of providing care to elderly tenant under an agreement to do so. She didn't claim that she had pass-on rights to the apartment as a family member. Landlord never accepted the nurse as tenant. Landlord had written letters to tenant stating that he understood she was elderly and had live-in help, but that he had no intention to accept this person as tenant. Landlord's intent was further shown by the fact that he sued to evict the nurse shortly after tenant moved out and started the DHCR proceeding right after the court ordered him to do so. Although the nurse claimed that landlord accepted some rent payments from her, landlord never cashed any checks from the nurse and she didn't prove that rent payments were received and held by landlord.
So: DHCR Adm. Rev. Dckt. No. HK420149RT (3/11/97) [6-page document]