Prior DHCR Decision Denied Pass-on Rights to Tenant's Son

Landlord sued to evict rent-stabilized tenant's son after tenant died. The son claimed that he had pass-on rights to the apartment. Landlord asked the court to rule in its favor without a trial. Landlord claimed that the DHCR had already ruled that tenant's son had no succession rights. Tenant's son argued that the DHCR's decision should have no effect on the court case. The court ruled for landlord. Before landlord started the court case, tenant's son had filed a complaint with the DHCR, claiming that landlord improperly refused to give him a renewal lease in his own name. He claimed that he had lived with tenant, his mother, for 26 years. But tenant's son didn't respond when the DHCR asked him to submit additional information to support his claim. And tenant's son never appealed the DHCR's decision against him. So the DHCR's decision that tenant's son had no succession rights to the apartment was binding.

Griffin Units, LLC v. Walker: NYLJ, 11/14/07, p. 27, col. 3 (Civ. Ct. Kings; Heymann, J)