Woman's close relationship with tenants Not enough for pass-on rights #21165.


Landlord Southbridge Towers denied occupant's request for a renewal lease to tenants' Mitchell-Lama apartment after tenants moved out. Occupant appealed to the DHCR. She claimed that she had an emotional and financial relationship with tenants since 1975, that she moved in with them in 1996, and that tenants moved out of the apartment in 1998. She also argued that landlord waived its right to evict her by taking seven years to respond to her request for a renewal lease. The DHCR ruled against occupant. She appealed, claiming that the DHCR's decision was arbitrary and unreasonable.

The court ruled against occupant, finding that the DHCR's decision was reasonable and supported by the record. Although occupant had a close relationship with tenants, she didn't prove she had a family-type relationship with them. Occupant and her family moved into another apartment in the building in 1975. Occupant got married and moved away in 1987. She returned to live with...

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