Health Care Aide Fails to Prove Succession Rights to Rent-Stabilized Tenant's Apartment

An apartment occupant complained to the DHCR that landlord refused to offer her a rent-stabilized renewal lease after tenant died. She claimed she was the "daughter" and "primary health care attendant" for tenant's physical and medical needs with uninterrupted residency in the apartment for 27 years. Landlord claimed that tenant died in May 2020, that his lease expired on May 31, 2020, and that tenant had lived in the unit by himself for many years. In response to the DHCR's request for additional information, the occupant submitted a number of documents that were generally character references. The DRA ruled against the occupant, finding that she failed to submit proof supporting her claim.

The occupant appealed and lost. The occupant's mailing address apparently was somewhere other than the apartment. And, while a nontraditional family member may have succession rights to a rent-stabilized renewal lease, she must prove that she primarily resided with tenant for at least two years before he died, and present proof of an emotional and financial commitment and interdependence with the tenant. The occupant failed to do so in this case.

Solow: DHCR Adm. Rev. Docket No. KM210025RT (4/1/22)[3-pg. document]