Tenant's Son Gets Rent-Stabilized Apartment

Rent-stabilized tenant's son complained to the DHCR that he had succession rights to tenant's apartment and that landlord refused to give him a renewal lease. The DRA ruled against the son. The son appealed and won. The DHCR found that he was disabled and had proved that he lived in the apartment with tenant for at least one year before tenant moved out. Landlord then filed an Article 78 court appeal, and the court sent the case back to the DHCR for further fact-finding. The DRA ruled for tenant's son, and landlord appealed.

The DHCR ruled against landlord. Tenant's son showed that he lived in the apartment with tenant for at least two years before she moved out. Tenant lived in the apartment from 1983 until January 2013 when her last renewal lease expired. Landlord pointed out that tenant bought a house in Brooklyn in 1998, but the DHCR found insufficient proof that she lived there as her primary residence. And landlord never brought any action to evict tenant during the 15 years since she bought the house. Tenant's son presented ample documentation showing that he had lived in the apartment since at least 1995. 

991 Carroll St LLC: DHCR Adm. Rev. Docket No. GO210018RO (3/27/19) [11-pg. doc.]