Family Member Granted Pass-On Rights Can't Challenge Order Also Granting Succession to Others

LVT Number: #29887

Rent-stabilized tenant's family member, Rudy Nunez, sought succession rights after tenant died and complained to the DHCR that landlord refused to give him a renewal lease. The DRA ruled for Rudy, and ordered landlord to offer a renewal lease. Rudy appealed and lost. In a separate order, the DRA had ruled that two other family members also had succession rights to the apartment. Rudy claimed that the other order was improper because those other family members either no longer resided in the apartment or had falsely held themselves out as occupying the apartment.

Rent-stabilized tenant's family member, Rudy Nunez, sought succession rights after tenant died and complained to the DHCR that landlord refused to give him a renewal lease. The DRA ruled for Rudy, and ordered landlord to offer a renewal lease. Rudy appealed and lost. In a separate order, the DRA had ruled that two other family members also had succession rights to the apartment. Rudy claimed that the other order was improper because those other family members either no longer resided in the apartment or had falsely held themselves out as occupying the apartment. But no one had ever appealed the other DHCR decision, and Rudy couldn't challenge that decision indirectly by appealing the DRA order that ruled in his favor. 

Nunez: DHCR Adm. Rev. Docket No. GQ410017RT (11/23/18) [3-pg. doc.]

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