DHCR Won't Decide Succession Claim Where Eviction Case Already Pending

(Decision submitted by Eileen O'Toole, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the owner.)

Rent-stabilized tenant's daughter complained that landlord refused to give her a renewal lease after tenant died. In response, landlord pointed out that it had commenced an eviction proceeding against the daughter and that any questions concerning whether the daughter had succession rights could be decided in court. The DRA dismissed the renewal lease complaint but noted that, if tenant's daughter won the court case, landlord must offer her a renewal lease. Tenant appealed the DRA's decision and lost. The DRA properly deferred determination of succession rights to the housing court, where a case was pending, and correctly directed landlord to give her a renewal lease if she won the court case. 

Young: DHCR Adm. Rev. Docket No. FW410043RT (9/26/18) [4-pg. doc.]