Tenant’s Sister Gets Rent-Stabilized Apartment

Rent-stabilized tenant’s sister complained that landlord refused to give her a renewal lease after tenant moved out in 2005. The DHCR ruled against the sister, finding that tenant had signed a 2013 renewal lease and that tenant therefore hadn’t permanently vacated the apartment in 2005. Tenant’s sister filed an Article 78 court appeal and won. The court sent the case back to the DHCR, which then ruled that the sister had proved succession rights. She had lived in the apartment since 1989, cosigned prior leases and paid the rent since 2005. Although tenant had signed the latest renewal lease, his sworn statement showed that he had moved out in 2005 and now lived in Columbia. Under the circumstances, the fact that tenant signed the 2013 renewal lease shouldn’t prevent the sister’s succession rights.

Farhat: DHCR Adm. Rev. Docket No. DW410001RP (1/21/16) [3-pg. doc.]