Tenant's Son Gets Rent-Stabilized Apartment

Rent-stabilized tenant's son complained that landlord refused to give him a renewal lease after tenant moved out of the Manhattan apartment. He claimed pass-on rights and submitted copies of documents listing the apartment as his address for at least two years before tenant moved out. The DRA ruled for tenant. Landlord appealed. Landlord presented for the first time records showing that tenant's son might live in a two-family house owned by his brother in Brooklyn. Landlord also submitted documentation of a housing court case pending against tenant's son in Manhattan.
The DHCR ruled against landlord. Landlord didn't present this additional proof to the DRA, and the DHCR wouldn't consider it for the first time on appeal. Tenant's son submitted many documents to the DRA showing the apartment to be his address. These included federal and state tax returns, credit union and bank statements, and bills for Verizon Wireless service.

Madison 55 Delancey Realty, LLC: DHCR Adm. Rev. Docket No. XG410018RO (9/9/09) [3-pg. doc.]