Rent-Controlled Tenant's Granddaughter Gets Apartment

The granddaughter of a rent-controlled tenant asked the DHCR to determine her claimed succession rights to tenant's apartment. Tenant had lived in the unit from 1950 until she died in 2011. The granddaughter showed that, since at least 2007, she listed the apartment as her primary residence on Social Security benefit documentation, insurance correspondence, pharmacy records, election records, and on a NY State Identification Card. The DRA ruled that the apartment was rent controlled and that the granddaughter had succession rights.

Landlord appealed and lost. Landlord argued that the building was a two-family dwelling not subject to rent regulation. The building had been substantially rehabilitated in 1959 when it was converted from a three-family to a two-family. But, the building was constructed prior to 1947, tenant had lived in the apartment since at least April 1950, the occupant claiming succession was tenant's granddaughter, and she had lived with tenant for at least two years before tenant died. There was no evidence that the building was substantially rehabbed. And, even though an eviction proceeding was pending when the DRA ruled on the granddaughter's claim, there had been no court ruling on her status at that time.

Fruchter: DHCR Adm. Rev. Docket No. HR210010RO (7/28/21)[3-pg. document]