DHCR Won't Consider Succession Claim Already Pending in Court

Apartment occupant complained of an improper eviction. He said that he was the nephew of rent-controlled tenant, who died in 2006. He claimed that he had lived with tenant for at least two years before she died. Landlord asked the DRA to dismiss the case. Landlord had already started an eviction proceeding in Justice Court in Irvington. The DRA ruled for landlord and dismissed the case. Occupant appealed and lost. In early 2007, before occupant filed his DHCR complaint, landlord had commenced the eviction proceeding. Landlord claimed that tenant had been rent stabilized and had died in March 2006, and that occupant had moved into the apartment as tenant's licensee in October 2005. The court also had denied occupant's request to dismiss or delay the case pending the outcome of occupant's DHCR complaint.

Vedder: DHCR Adm. Rev. Docket No. VF910035RT (9/28/07) [4-pg. doc.]