Tenant's Son Can't Get Rent-Controlled Apartment

Tenant's son asked the DHCR to determine whether he had succession rights to the apartment after tenant died in March 2011. He claimed that he was entitled to a rent-stabilized renewal lease. The DRA ruled against the son, finding he didn't meet the two-year co-residency requirement before tenant died. The son appealed and lost. The DHCR's records showed that tenant had been rent controlled, not stabilized. The son's records, including tax returns and tenant's death certificate, showed that the son lived at another New York City address at the time tenant died and during the tax year ending Dec. 31, 2010. The son also admitted that the apartment wasn't his primary residence during the two-year period before tenant died. He wasn't entitled to succession rights.

Cruz: DHCR Adm. Rev. Docket No. BQ610041RT (10/22/14) [3-pg. doc.]