Daughter Gets Rent-Stabilized Tenant's Apartment

Apartment occupant claimed succession rights to a rent-stabilized apartment after tenant died in August 2019. The tenant was occupant's mother. The DRA ruled for occupant. Landlord filed a request for reconsideration, which was denied by the DHCR. Landlord then filed an Article 78 court appeal of the DHCR's decision, claiming that it was arbitrary and unreasonable. The case was sent back to the DRA based on landlord's assertion that it didn't receive the DHCR's Request for Additional Information (RFAI) dated June 14, 2021, or the DRA's order issued on Sept. 29, 2021. Landlord asked the DHCR to issue a subpoena requiring occupant to submit an updated copy of her driver's license that was valid in January or February 2019. Landlord submitted a sworn statement from its investigator who said that tenant's most recent driver's license listed Elmhurst, N.Y., as her address. The DRA again ruled for occupant.

Landlord appealed and lost. Occupant submitted sufficient proof that she had lived in the apartment with tenant for at least two years before tenant died. Proof submitted included W-2 forms, a letter from Con Edison stating occupant's account history at the apartment, a letter from Social Security sent to occupant at the apartment, and email complaints from occupant to landlord. Landlord didn't present proof of any other residence for occupant. And the statement by landlord's investigator that occupant had a driver's license issued to an Elmhurst address prior to 2019 was insufficient to rebut the proof occupant provided to show that she had lived in the unit with tenant.

Tiemann Place Realty, LLC: DHCR Adm. Rev. Docket No. LT410019RO (11/21/23)[3-pg. document]