Tenant's Roommate Gets Rent-Stabilized Apartment

LVT Number: #23782

Rent-stabilized tenant's roommate complained that landlord refused to renew tenant's lease in her name after tenant moved out. The DRA ruled against the roommate, finding insufficient proof to support her succession rights claim. The roommate appealed and won. She showed that she and her two children lived in tenant's apartment as their primary residence, with tenant, since at least the time that the roommate's older child was born in 1997. The children were tenant's grandchildren. They all continued to live there when tenant moved out in February 2008.

Rent-stabilized tenant's roommate complained that landlord refused to renew tenant's lease in her name after tenant moved out. The DRA ruled against the roommate, finding insufficient proof to support her succession rights claim. The roommate appealed and won. She showed that she and her two children lived in tenant's apartment as their primary residence, with tenant, since at least the time that the roommate's older child was born in 1997. The children were tenant's grandchildren. They all continued to live there when tenant moved out in February 2008. The roommate also showed that, during the more than 10 years that she lived in the apartment with tenant, they had an emotional and financial commitment and interdependence. The roommate proved that she had a family relationship with tenant and was entitled to a renewal lease in her own name.

Cardenas: DHCR Adm. Rev. Docket No. YI410013RT (10/20/11) [3-pg. doc.]

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