Two Family Members Can't Get Succession Rights at Same Time

The wife of a deceased rent-stabilized tenant claimed succession rights and complained to the DHCR that landlord refused to give her a renewal lease. The DRA ruled for the wife and directed landlord to offer a rent-stabilized renewal lease to the wife. The wife appealed and lost. She argued that she had also requested that her son be added as a second tenant to the renewal lease. The son also lived in the apartment. The DHCR disagreed and pointed out that RSC Section 2520.6(o) sets a list of family members for the purpose of the order of succession rights. The DHCR stated that, "The first person in line for succession is the former tenant's spouse . . . . Both a wife and son cannot succeed to the apartment at the same time. The son may be in line for a second succession when the petitioner permanently vacates the apartment and if the facts so warrant."

Salas: DHCR Adm. Rev. Docket No. HS110031RT (11/15/20) [2-pg. doc.]