Granddaughter Can't Get Tenant's Rent-Stabilized Apartment

April 19, 2016

LVT Number: #26894

Rent-stabilized tenant’s granddaughter claimed succession rights to tenant’s apartment. The DHCR ruled against the granddaughter, who then filed an Article 78 appeal claiming that the DHCR’s decision was unreasonable. The court ruled against the granddaughter, who appealed and lost. The DHCR’s decision had a rational basis. The granddaughter failed to provide documentation that the apartment was her primary residence and that she lived there with tenant during the two years before tenant died.

Rent-stabilized tenant’s granddaughter claimed succession rights to tenant’s apartment. The DHCR ruled against the granddaughter, who then filed an Article 78 appeal claiming that the DHCR’s decision was unreasonable. The court ruled against the granddaughter, who appealed and lost. The DHCR’s decision had a rational basis. The granddaughter failed to provide documentation that the apartment was her primary residence and that she lived there with tenant during the two years before tenant died. The proof presented by the granddaughter either related to an earlier period when the granddaughter acknowledged that she didn’t live in the apartment or to the period following the death of tenant. Income affidavits alone weren’t sufficient proof to support the granddaughter’s claim.

 

 
Grossbard v. DHCR: 2016 NY Slip Op 02177, 2016 WL 1136677 (App. Div. 1 Dept.; 3/24/16; Mazzarelli, JP, Manzanet-Daniels, Kapnick, Webber, JJ)

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