DHCR Case Reopened So Landlord Can Respond

After rent-controlled tenant died, apartment occupant claimed that he was the tenant's non-traditional family member. The occupant asked the DHCR to determine his status. The DRA ruled for occupant, finding he had succession rights to the apartment. Landlord appealed and pointed out that the DRA never properly notified him of tenant's application or gave him a chance to respond. The DHCR ruled for landlord and reopened the case. Landlord had filed one response to occupant's application on May 21, 2012, advising the DHCR that he had served occupant with a Ten-Day Notice to Quit to Licensee in April 2012 and that he intended to start an eviction proceeding. But landlord had received only a one-page notice of the occupant's application from the DRA, which didn't include 110 pages of information submitted by occupant. Under these circumstances, landlord's "bare-bones" response was understandable. Tenant's attorney also had asked the DRA to hold tenant's application pending a ruling from the housing court in the eviction proceeding. The DRA had advised the attorney without explanation that it wouldn't hold the DHCR case open. Rent Control Regulations Section 2207.3(a) requires the DRA to forward a copy of an application made by a tenant to the owner as soon as possible. Since the DRA failed to do so in this case, it must be reopened for further fact-finding.

Pinta Associates LLC: DHCR Adm. Rev. Docket No. AX420025RO (6/27/14) [3-pg. doc.]