DHCR Reasonably Ruled That Daughter Gets Rent-Stabilized Apartment

March 16, 2016

LVT Number: #26838

The daughter of a rent-stabilized tenant complained to the DHCR that she was entitled to succession rights and a renewal lease in her name. The DHCR ruled for the daughter. Landlord then filed an Article 78 court appeal, claiming that the DHCR’s decision was unreasonable. The court and appeals court ruled against landlord. The DHCR’s decision had a rational basis since the daughter submitted ample documentation showing that she lived in the apartment as her primary residence for at least two years before tenant died. 

 

 

 

The daughter of a rent-stabilized tenant complained to the DHCR that she was entitled to succession rights and a renewal lease in her name. The DHCR ruled for the daughter. Landlord then filed an Article 78 court appeal, claiming that the DHCR’s decision was unreasonable. The court and appeals court ruled against landlord. The DHCR’s decision had a rational basis since the daughter submitted ample documentation showing that she lived in the apartment as her primary residence for at least two years before tenant died. 

 

 

 
9215 Realty, LLC v. DHCR: 2016 NY Slip Op 01187, 2016 WL 619108 (App. Div. 2 Dept.; 2/17/16; Balkin, JP, Dickerson, Miller, Hinds-Radix, JJ)

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