Daughter Can't Get Rent-Stabilized Apartment

Rent-stabilized tenant's daughter claimed succession rights and complained to the DHCR in 2010 that landlord refused to give her a lease. The DRA ruled against the daughter, who appealed and lost. She argued that tenant vacated the apartment in August 2009 to enter a nursing home. The daughter said she had lived with tenant since 1990. But tenant never surrendered her rights to the apartment. So the daughter wasn't entitled at this time to succession rights. Landlord also collected rent from tenant and the Senior Citizens Rent Increase Exemption Program until February 2010, a date after tenant entered the nursing home. Landlord also had now started an eviction proceeding against tenant based on nonprimary residence, claiming that the daughter and other persons were occupying the apartment unlawfully. The daughter can make her succession claim in housing court or refile a complaint with the DHCR at an appropriate time in the future.

Morrison: DHCR Adm. Rev. Docket No. ZG610006RT (9/23/13) [2-pg. doc.]