DHCR Decision Denying Succession Rights Revoked

The DHCR denied the application of tenants' daughter for succession rights to tenants' apartment. Tenant filed an appeal for court review, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled for tenant and sent the case back for reconsideration. The daughter had submitted documents to the DRA, including income affidavits, noting that her father moved out leaving her as the sole occupant. Landlord of the building complex where tenants had lived had lost certain records, and some of the records contained errors. When the daughter appealed the DRA's decision, the DHCR conducted an independent Internet investigation outside the record regarding whether the daughter had lived in the apartment for two years before the father moved out. This was improper and deprived the parties of an opportunity to respond.

Hodges v. DHCR: Index No. 2497/2011, NYLJ No. 1202512712795 (Sup. Ct. Queens; 8/18/11; Elliot, J)