Rent-Stabilized Tenant's Wife Has Pass-On Rights

Long Beach tenant's wife complained to the DHCR that landlord improperly sent a lease nonrenewal and termination notice to tenant. Landlord claimed that tenant no longer primarily resided in the apartment but had moved to Colombia, South America. Tenant's daughter-in-law said that she had lived in the apartment with tenant for at least seven years. She claimed succession rights. She was married to tenant's son in 2001. The DRA ruled for the daughter-in-law. Landlord appealed, claiming that it should be allowed to proceed with an eviction proceeding where tenant's primary residence and the daughter-in-law's succession claims could be better examined. The DHCR ruled against landlord. Tenant submitted a statement that he had gone to Colombia for a vacation and that he became ill while there. He said his doctors wouldn't let him travel back to the United States. Tenant's daughter-in-law had been named on the lease as a lawful occupant. Landlord also had accepted rent directly from the daughter-in-law during tenant's absence. Tenant's representative submitted a later statement that tenant died in July 2007. Renewal lease records showed that tenant's daughter-in-law was listed as a lawful occupant since at least June 2002. Even if tenant left the apartment with no intent to return in 2005, there was still documentary proof that the daughter-in-law had lived there with him for at least two years before he moved out. Therefore, she was entitled to succession rights as a remaining immediate family member.

Samson Management: DHCR Adm. Rev. Docket No. VH710001RO (11/6/07) [3-pg. doc.]