Rent-Controlled Tenant's Grandson Claims Succession Rights

After rent-controlled tenant died, her grandson asked landlord if he could move into the apartment. Landlord rented the apartment to the grandson as a month-to-month tenant. The grandson then claimed succession rights and asked the DHCR to rule on that question. The DRA ruled for the grandson. Landlord appealed, and the case was reopened. Landlord wasn’t given sufficient opportunity to rebut the grandson’s claims. Landlord lived at the building and stated that the grandson didn’t live there before tenant died. The grandson said he had lived in the apartment as a child and was away for an extended period only because he was in prison. Tenant’s death certificate listed a different relative as having reported her death. There were questions of fact that required further investigation to determine whether tenant had primarily resided in the apartment with tenant during the two years before tenant died.

Ali: DHCR Adm. Rev. Docket No. CM220033RO (7/29/15) [6-pg. doc.]