DHCR Denies Succession Rights to Tenant's Daughter

LVT Number: #28183

Rent-stabilized tenant's daughter claimed succession rights to the apartment after tenant moved out, and complained to the DHCR that landlord refused to offer her a renewal lease. The DRA ruled against the daughter, who appealed and lost. The daughter submitted to the DRA only a letter from tenant stating that he moved out and the daughter had been living in the apartment for 20 years.

Rent-stabilized tenant's daughter claimed succession rights to the apartment after tenant moved out, and complained to the DHCR that landlord refused to offer her a renewal lease. The DRA ruled against the daughter, who appealed and lost. The daughter submitted to the DRA only a letter from tenant stating that he moved out and the daughter had been living in the apartment for 20 years. The daughter didn't respond to the DRA's request for additional information, seeking a copy of her birth certificate, proof of residency such as voter registration, copies of W-2 forms and income tax returns, and copies of utility bills or other proof of residency. In her PAR, the daughter claimed that she never received the request for additional information and that landlord told her that the building was having trouble receiving mail from the local post office. But there was no indication that the mailings sent by the DRA were returned to the agency by the post office or otherwise not delivered to her.

Morales: DHCR Adm. Rev. Docket No. FP210038RT (11/28/17) [2-pg. doc.]

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