Recently Adopted Daughter Claims Succession Rights

Rent-controlled tenant's family member claimed succession rights to the apartment after tenant died. The DRA ruled against the family member, who was adopted only 22 days before tenant died. The DRA found that the person wasn't an adopted daughter of tenant's for two years before tenant died. And the family member didn't prove intermingling of finances or an emotional commitment or interdependence during the required two-year period. The family member appealed, and the DHCR reopened the case. The DRA incorrectly focused on the length of time that the family member was adopted. The DRA must conduct further investigation of whether the adopted daughter lived with tenant as a nontraditional family member for at least two years before tenant died. For example, the family member had presented bank records showing both a joint account with tenant and other accounts. More explanation was needed regarding her relationship with tenant.

11-21 47th Road: DHCR Adm. Rev. Docket No. BQ110007RT (8/21/14) [5-pg. doc.]