Daughter Gets Rent-Stabilized Apartment

In a 2012 complaint to the DHCR, the daughter of a rent-stabilized tenant claimed succession rights after tenant died in 2010. The DRA ruled for the daughter. Landlord appealed and lost. Landlord argued that it had started an eviction proceeding against the daughter and that the court should decide whether she had succession rights. But the DHCR also had the right to decide this issue and landlord didn't start the court case until a year after tenant filed her DHCR complaint. And the daughter presented sufficient proof that she had lived in the apartment with tenant for at least two years before tenant died. Documents showing the daughter's address at the apartment for more than the required two years included state and federal tax returns, Social Security statements, bank account statements, auto insurance records, a nursing certificate, and driver's license. Landlord also had accepted a number of rent checks from the daughter for the period between February 2010 and June 2012. 

53 East 95th Street: DHCR Adm. Rev. Docket No. BU420024RO (9/5/14) [6-pg. doc.]