Rent-Stabilized Tenant's Son Fails to Prove Succession Rights

An apartment occupant filed a lease violation complaint with the DHCR. He claimed that he was the son of the rent-stabilized tenant of record, that tenant moved into the unit in 1979, that he was born there in 1986 and had lived there ever since, and that tenant had permanently vacated in 2017. The son also claimed that he had paid the rent and all expenses since tenant moved out. Tenant now lived in a retirement facility. The son claimed succession rights and said that landlord refused to give him a renewal lease.

The DRA ruled against the son, finding he had submitted insufficient proof of succession rights. The son appealed and lost. The son was a disabled person and, under RSC Section 2523.5(b)(1)-(2), had to prove that he lived in the unit with tenant from Aug. 10, 2016, to Aug. 10, 2017. Although the son submitted a number of documents to the DRA showing occupancy in the apartment, none of the records covered the critical time period required by law. 

Baptiste: DHCR Adm. Rev. Docket No. MR210034RT (11/20/24)[2-pg. doc.]