Tenant's Daughter Didn't Live in Apartment for Two Years

December 1, 2000

LVT Number: 14577

Subsidized housing occupant claimed that she was tenant's daughter and that she was entitled to pass-on rights after tenant died. The DHCR ruled against occupant. She appealed and lost. The occupant wasn't tenant's daughter, didn't live in the apartment as her primary residence for two years before tenant died, and was never listed as an apartment occupant on tenant's annual income statements. Occupant claimed in court that her mother, who was a subtenant in the apartment, was the actual tenant, but she never raised this claim before the DHCR, and so she couldn't do so later.

Subsidized housing occupant claimed that she was tenant's daughter and that she was entitled to pass-on rights after tenant died. The DHCR ruled against occupant. She appealed and lost. The occupant wasn't tenant's daughter, didn't live in the apartment as her primary residence for two years before tenant died, and was never listed as an apartment occupant on tenant's annual income statements. Occupant claimed in court that her mother, who was a subtenant in the apartment, was the actual tenant, but she never raised this claim before the DHCR, and so she couldn't do so later.

Gee v. DHCR: NYLJ, 11/2/00, p. 27, col. 3 (App. Div.1 Dept.; Nardelli, JP, Williams, Mazzarelli, Andrias, Saxe, JJ)

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