Tenant's Roommate Challenges Daughter's Succession Claim

LVT Number: #24282

Rent-stabilized tenant’s daughter claimed succession rights and complained that landlord refused to give her a renewal lease in her name after tenant died. The DRA ruled for the daughter. Tenant’s roommate then appealed. He claimed that he was the only other apartment occupant at the time of tenant’s death and was entitled to a lease in his own name. He further claimed that the daughter didn’t live in the apartment for the required period to claim succession rights. The DHCR reopened the case and sent it back to the DRA for further consideration.

Rent-stabilized tenant’s daughter claimed succession rights and complained that landlord refused to give her a renewal lease in her name after tenant died. The DRA ruled for the daughter. Tenant’s roommate then appealed. He claimed that he was the only other apartment occupant at the time of tenant’s death and was entitled to a lease in his own name. He further claimed that the daughter didn’t live in the apartment for the required period to claim succession rights. The DHCR reopened the case and sent it back to the DRA for further consideration. The roommate should have been added as a party to the proceeding and must be given the chance to respond. Landlord had submitted statements to the DRA, in opposition to the daughter’s complaint, which supported the roommate’s claim. At the time tenant died in 2009, the building was converting from HUD housing to rent stabilization and tenant was in the process of securing the roommate’s name on the lease. Since the roommate lived in the apartment when it became rent stabilized, he and landlord claimed that the roommate was entitled to be named as a rent-stabilized tenant.

Concepcion: DHCR Adm. Rev. Docket No. ZG410019RT (7/19/12) [4-pg. doc.]

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