DHCR Can't Reopen Succession Claim

LVT Number: #24759

A family member claimed succession rights and complained to the DHCR that landlord refused to give her a renewal lease after rent-stabilized tenant died. The DRA ruled against the family member, who appealed and lost. The DHCR had previously ruled against the family member's succession rights claim in a prior 2008 decision, which the family member never appealed. She couldn't now challenge the DHCR's final prior decision through a new complaint claiming there was new evidence.

A family member claimed succession rights and complained to the DHCR that landlord refused to give her a renewal lease after rent-stabilized tenant died. The DRA ruled against the family member, who appealed and lost. The DHCR had previously ruled against the family member's succession rights claim in a prior 2008 decision, which the family member never appealed. She couldn't now challenge the DHCR's final prior decision through a new complaint claiming there was new evidence. Also, the prior DHCR decision was based on the fact that a court had already ruled against the family member in an eviction proceeding. The DHCR had no authority to review the court's decision.

Fischer: DHCR Adm. Rev. Docket No. AS210008RT (2/19/13) [2-pg. doc.]

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