Tenant's Granddaughter Gets Rent-Stabilized Apartment
LVT Number: #31720
Rent-stabilized tenant's granddaughter claimed succession rights and complained that the landlord refused to offer her a renewal lease after tenant died in October 2018. Landlord responded that it had commenced an eviction proceeding against the granddaughter and that the issues would be litigated in court. The DRA went ahead and ruled in the granddaughter's favor, granting her succession rights and directing landlord to issue her a renewal lease.
Landlord appealed and lost. The DHCR and the courts have concurrent jurisdiction over succession claims. An initial DHCR renewal lease complaint was filed by tenant in March 2019, before the court case was started on April 25, 2019. There was no court order staying the DHCR proceeding even after the granddaughter filed her supplemental complaint on Sept. 1, 2020. So there was no prohibition against the DRA deciding the granddaughter's claim.
21 West 106 Partners LLC: DHCR Adm. Rev. Docket No. JT410024RO (10/4/21)[3-pg. document]