RELATIVES

Landlord Can't Get 20 Percent Vacancy Increase from Second Successor Tenant

January 23, 2023    

An apartment occupant asked the DHCR to determine his apartment's rent-regulated status and to rule that he had succession rights to the unit. In response, landlord argued that the occupant would be the second...

Licensee of Tenant Who Transferred to Another NYCHA Unit Can't Be Restored to Old Unit

December 20, 2022    

NYCHA tenant's sister claimed that she had lived with tenant for a year before tenant died in 2020. After tenant died, the sister lived with tenant's daughter in the apartment and assisted the daughter with...

No Negative Inference Drawn by Court Where Tenant Didn't Testify

November 25, 2022    

Landlord sued to evict rent-stabilized tenant for nonprimary residence, and named tenant's sister as an apartment occupant. After pretrial questioning, tenant surrendered possession of the apartment. Her sister...

Tenant's Son Can't Get Mitchell-Lama Co-op Apartment

November 23, 2022    

HPD denied the succession rights claim filed by the son of a Mitchell-Lama co-op tenant who died in 2009. The son then filed an Article 78 court appeal of HPD's decision. The court ruled against him. HPD found...

Tenant's Grandson Gets Rent-Controlled Apartment

August 22, 2022    

Landlord asked the DHCR for a ruling on the rent regulatory status of an apartment. A rent-controlled tenant had lived in the apartment until her death in 2016. Tenant had continued to pay rent although she bought a...

Rent-Stabilized Tenant's Daughter Proved Succession Rights

July 19, 2022    

Rent-stabilized tenant's daughter filed a lease violation complaint with the DHCR in 2020 after landlord refused to offer her a renewal lease in her name. Tenant moved out in 2009, and the daughter claimed...

Rent-Stabilized Tenant's Son Gets Apartment

July 19, 2022    

The son of deceased rent-stabilized tenant complained to the DHCR that landlord refused to give him a renewal lease. The son claimed succession rights and said he had lived in the apartment with tenant for 20 years...

Rent-Stabilized Tenant's Sister Doesn't Have Succession Rights

June 24, 2022    

Landlord sued to evict rent-stabilized tenant in 2012, based on nonprimary residence. In February 2013, landlord and tenant signed a settlement agreement in court and the court issued an eviction warrant. They agreed...

Tenant's Grandson Is First Successor Tenant

May 24, 2022    

The grandson of rent-stabilized tenant complained to the DHCR that he had succession rights but that landlord refused to offer him a renewal lease after tenant died. In response, landlord claimed it did offer the...

Tenant's Son Doesn't Prove Succession Rights

April 26, 2022    

The son of a deceased tenant filed an Article 78 court appeal of HPD's decision to deny his claim for succession to tenant's apartment. The court ruled against the son, who appealed and lost. While HPD was...

Successor Rent-Stabilized Tenant Not Entitled to Continuation of Preferential Rent

March 22, 2022    

The son of a rent-stabilized tenant complained to the DHCR after tenant died, claiming that he had succession rights and that landlord refused to give him a renewal lease. The son claimed that he moved in with tenant...

Tenant's Granddaughter Gets Rent-Stabilized Apartment

November 22, 2021    

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...