Granddaughter Gets PHFL Apartment

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, attorneys for the tenant.)

Tenant's granddaughter sought succession rights to tenant's Southbridge Towers apartment after tenant moved out in 2011. The apartment was subject to regulation by the DHCR under the Private Housing Finance Law. The DHCR ruled against the family member, who appealed and won. The granddaughter's name appeared on annual household income recertifications for 2002, 2003, 2005, 2009, and 2010. No recertification affidavit was found for 2008. But there was substantial other proof that the granddaughter had lived with tenant since 2001. This included a 2001 driver's license, income tax returns, bank records, wage and tax statements, school records, and medical records. The fact that the granddaughter's name was missing from some annual income affidavits wasn't fatal to her succession application. The granddaughter's medical records also showed that she was disabled prior to the date tenant surrendered the apartment. In any event, the granddaughter qualified for succession rights under either a one- or two-year look-back period.

Scott: DHCR Order Granting Appeal (10/2/14) [6-pg. doc.]