Rent-Stabilized Tenant's Son Gets Apartment

The son of a deceased rent-stabilized tenant complained to the DHCR that landlord refused to give him a renewal lease after tenant died. The son claimed succession rights to the apartment. The DRA ruled for the son. Landlord appealed and lost. The DHCR found that the son had proved he lived in the apartment with tenant for at least two years before tenant died on Jan. 19, 2021. The son had submitted seven sworn statements from neighbors at the building stating that the son lived in with tenant at the building. Five of those tenants stated that the son lived in the apartment between November 2018 and January 2021 when the tenant died. The son also submitted a Debit Account Statement for 2019 addressed to him at the apartment; a NYS Higher Educational Services Corp. letter dated May 15, 2019; and a NYSHESC check to tenant dated Nov. 15, 2018, both in the son's name; a W2 for the year 2020; as well as IRS form 1095-C listing the son's residence as the apartment. The son also submitted court documents showing that landlord had started a holdover proceeding that the court had stayed pending the outcome of the DHCR proceeding. The file in that case included other records showing the son's address as the apartment. 

5712 Realty, LLC: DHCR Adm. Rev. Docket No. MN210013RO (6/13/24)[4-pg. document]