Project-Based Section 8 Tenant's Son Can't File Succession Claim with DHCR

An apartment occupant complained to the DHCR that landlord refused to give him a renewal lease after tenant, his mother, died in May 2018. The son submitted copies of his birth certificate, death certificate, NY State identification, pay stubs, W-2s dating back to 2015, and utility bills to prove that he lived in the apartment for two years before tenant died. Landlord responded that the building was under the jurisdiction of HPD in its administration of a Moderate Rehabilitation Program. The building was a project-based Section 8 building that landlord stated wasn't subject to rent stabilization. The DRA agreed with landlord and dismissed the complaint. The son appealed and lost. The DHCR had no authority to make a ruling on the apartment in this building.

McKnight: DHCR Adm. Rev. Docket No. JP410038RT (9/7/21) [2-pg. document]