DHCR Dismissal of Claim Didn't Bar Court from Determining Issue

September 19, 2015

LVT Number: #26479

Landlord sued to evict apartment occupant, who claimed succession rights. Occupant had also made a succession rights claim in a complaint to the DHCR. The DHCR complaint was dismissed based on the agency’s request for additional information. Landlord then claimed that the court should dismiss occupant’s succession claim based on the DHCR ruling. The court ruled against landlord, who appealed and lost.

Landlord sued to evict apartment occupant, who claimed succession rights. Occupant had also made a succession rights claim in a complaint to the DHCR. The DHCR complaint was dismissed based on the agency’s request for additional information. Landlord then claimed that the court should dismiss occupant’s succession claim based on the DHCR ruling. The court ruled against landlord, who appealed and lost. Occupant was vigorously defending his succession claim in court and, while he should have answered the DHCR’s request for additional documentation, the DHCR’s ruling didn't determine the merits of occupant’s claim. The DHCR decision therefore was an insufficient basis to dismiss occupant’s succession claim.

 

 

 

83-85 Baxter St., LLC v. Cai: 2015 NY SLIP OP 25263, 2015 WL 4665690 (App. T. 1 Dept.; 8/7/15; Schoenfeld, JP, Hunter Jr., Ling-Cohen, J)

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