DHCR Leaves Decision on Whether Occupant Is Rent-Stabilized Tenant to Housing Court

Apartment occupant asked the DHCR for a ruling that he had succession rights to an apartment he occupied. The DRA ruled against the occupant, finding that he was the first rent-stabilized tenant of the unit and not a successor tenant. The apartment had become rent controlled before 1984 under a CAB Expulsion Order. When that happened, the rent-stabilized tenant, whom occupant claimed was his great-grandfather, became rent controlled. The occupant and landlord both appealed the DRA's decision, and their PARs were dismissed. Tenant and landlord then each filed Article 78 court appeal of the DHCR's decision. The court sent the case back to the DHCR for further consideration.

On remand, the DHCR removed that portion of its prior order that found the occupant to be the first rent-stabilized tenant of the apartment. As landlord pointed out previously, it disputed occupant's claim that he was a tenant in a housing court eviction proceeding commenced in 2017. The DHCR now ruled that it would defer to the decision of the housing court on that question for the sake of administrative efficiency. The DHCR also ruled again that the tenant failed to prove he had succession rights to the apartment. Also, the DRA properly found that when the prior rent-controlled tenant moved out in 2017, the apartment became subject to rent stabilization.

Ramirez/Nisim: DHCR Adm. Rev. Docket No. LQ110002RP (10/6/23)[3-pg. document]