Daughter Can't Get Rent-Stabilized Apartment

December 1, 2011

LVT Number: #23748

The daughter of rent-stabilized tenants claimed succession rights in a complaint to the DHCR after tenants died. The DHCR ruled against the daughter, who appealed and lost. The court and appeals court denied the daughter's Article 78 petition. She failed to prove that she had lived in the apartment with tenants for at least two years before they died. Evidence in fact showed that tenants lived in another nonadjacent apartment in the building at that time. The daughter claimed that the two apartments together should be considered a single primary residence.

The daughter of rent-stabilized tenants claimed succession rights in a complaint to the DHCR after tenants died. The DHCR ruled against the daughter, who appealed and lost. The court and appeals court denied the daughter's Article 78 petition. She failed to prove that she had lived in the apartment with tenants for at least two years before they died. Evidence in fact showed that tenants lived in another nonadjacent apartment in the building at that time. The daughter claimed that the two apartments together should be considered a single primary residence. But there was no proof that tenants had maintained the apartment in question as an extension of their residence in the building.

Belarrem v. DHCR: 931 NYS2d 878, 2011 NY Slip Op 07737 (App. Div. 1 Dept.; 11/3/11; Mazzarelli, JP, Saxe, Acosta, DeGrasse, Manzanet-Daniels, JJ)

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