Tenant's Sister Waited Too Long to Claim Pass-On Rights

LVT Number: #24342

The sister of a rent-stabilized tenant complained to the DHCR that landlord refused to give her a renewal lease after tenant permanently vacated the apartment. The sister claimed that she was entitled to succession rights. The DRA ruled for the sister. Landlord appealed and won. Tenant and tenant's cousin were the original co-tenants under a lease commencing in 1994. Tenant moved out in 2002. The cousin then became the tenant under a renewal lease. The cousin moved out in 2005, leaving tenant's sister as the sole apartment occupant. But leases remained in the cousin's name until 2011.

The sister of a rent-stabilized tenant complained to the DHCR that landlord refused to give her a renewal lease after tenant permanently vacated the apartment. The sister claimed that she was entitled to succession rights. The DRA ruled for the sister. Landlord appealed and won. Tenant and tenant's cousin were the original co-tenants under a lease commencing in 1994. Tenant moved out in 2002. The cousin then became the tenant under a renewal lease. The cousin moved out in 2005, leaving tenant's sister as the sole apartment occupant. But leases remained in the cousin's name until 2011. In this case, the sister waited too long to claim succession rights and, in any event, didn't qualify for succession rights to the cousin's tenancy.

London Leasing LLP: DHCR Adm. Rev. Docket No. ZL110027RO (7/12/12) [3-pg. doc.]

Downloads

ZL110027RO.pdf95.17 KB