Son Can't Seek Succession Rights While Tenant Still in Apartment

Rent-stabilized tenant's son claimed succession rights and complained that landlord refused to issue a renewal lease in his name. The DRA ruled against the son, who appealed and lost. Succession rights apply only when the rent-stabilized tenant of record has permanently vacated an apartment and there is evidence that the tenant has done so. In this case, the son claimed that tenant was incapacitated and should not have a lease in her own name. The son was tenant's caregiver. But tenant had signed a renewal lease commencing June 1, 2014. And there was no proof that a court had found tenant incapacitated or that she had an attorney-in-fact or a guardian. The matter was not ripe for a succession claim.

Rohrsetzer: DHCR Adm. Rev. Docket No. CQ410011RT (1/20/15) [2-pg. doc.]