Son Gets Tenant's Rent-Stabilized Apartment

The son of a rent-stabilized tenant claimed succession rights to the apartment in a complaint to the DHCR after tenant moved out. The son claimed that landlord refused to give him a renewal lease. The DRA ruled for the son and granted him succession rights.

Landlord appealed and lost. Landlord then filed an Article 78 court petition claiming that there was a clerical error in the PAR regarding the date the DHCR found that the rent-stabilized tenant had moved out of the apartment. The case was sent back to the DHCR for reconsideration.

The DHCR then ruled that the son proved his succession rights to the apartment after tenant vacated. The correct date that the tenant vacated was Oct. 10, 2017. This date was listed on a letter signed by tenant that was submitted with the son's DHCR complaint. The DRA order stated that tenant vacated on Jan. 31, 2019. So the DHCR amended the DRA order to reflect that tenant vacated on Oct. 10, 2017. Since the son had otherwise shown that he lived in the apartment with tenant for two years prior to Oct. 10, 2017, this amended date didn't affect the son's succession rights.

89-21 153 LLC/Zara Realty: DHCR Adm. Rev. Docket No. MN110002RP (4/30/24)[3-pg. document]