Hearing Required on Wife's Pass-On Claim

(Decision submitted by Jennifer Ecker of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the tenant.) Facts: Tenant lived in Trump Village limited profit housing development. When tenant died, his wife applied for pass-on rights to tenant's lease. Landlord denied her request. Landlord claimed that the wife didn't live in the apartment with tenant for two years before tenant died, and wasn't listed as a resident on income affidavits that tenant had completed. Tenant's wife appealed to the DHCR. Landlord didn't oppose the appeal. The DHCR ruled against tenant's wife. She then challenged the DHCR's decision in court, claiming that it was arbitrary and unreasonable. Court: Tenant's wife wins. The DHCR denied tenant's PAR solely on the grounds that her name wasn't on tenant's income affidavits. The DHCR should hold a hearing on whether, under the totality of the circumstances, the wife can show that she lived with tenant as a family unit for the period in question. The case was sent back to the DHCR for this purpose.

Greichel v. DHCR: Index No. 100366/05 (Sup. Ct. NY 10/28/05; Shafer, J) [7-pg. doc.]