Rent-Stabilized Tenant's Son Gets Apartment

The son of a deceased rent-stabilized tenant filed a lease violation complaint, claiming that landlord had refused to offer him a renewal lease and that he had succession rights to the apartment. The DRA ruled for tenant's son and directed landlord to offer him a renewal lease.

Landlord appealed and lost. Landlord reiterated that it had commenced an eviction proceeding against tenant's son in November 2019, that the case was still pending, and that the proceeding had been delayed due to the COVID-19 pandemic. But the DHCR pointed out that tenant's son filed his DHCR complaint a month before landlord commenced the housing court eviction proceeding. And nothing prevented the DHCR from going forward and making a determination on tenant's complaint since both the court and the DHCR had jurisdiction over the succession question, and the court had issued no stay against the DHCR while that case was pending.

Plus, tenant's son showed that he had lived in the apartment for two years as his primary residence before tenant died. He had submitted tenant's death certificate listing the apartment address, his birth certificate showing he was tenant's son, a Surrogate Court document showing he was the administrator of tenant's estate, proof of his payment of tenant's funeral services, copies of money orders signed by him in 2019 for rent payments, various financial and banking documents listing the apartment as the son's address, and employment records listing the apartment as his address at least two years before tenant's death. Landlord submitted nothing to the DRA to rebut the son's claim. 

NMD, LLC: DHCR Adm. Rev. Docket No. IW210018RO (5/11/21) [3-pg. doc.]