Son Has Pass-on Rights to Tenant's Apartment

October 31, 2010

LVT Number: #22966

Tenant's son asked the DHCR to determine that he had pass-on rights to tenant's apartment. The DHCR ruled against the son because tenant submitted no income affidavits for 1998 and 1999. The son appealed, claiming that the DHCR's decision was unreasonable. The court ruled for the son. Tenant explained why she didn't file income affidavits for the years in question, and she paid the maximum rent surcharge for those years. Tenant's son had submitted sufficient documentary proof showing that he lived in the apartment his entire life, including the two years before tenant moved out in 2000.

Tenant's son asked the DHCR to determine that he had pass-on rights to tenant's apartment. The DHCR ruled against the son because tenant submitted no income affidavits for 1998 and 1999. The son appealed, claiming that the DHCR's decision was unreasonable. The court ruled for the son. Tenant explained why she didn't file income affidavits for the years in question, and she paid the maximum rent surcharge for those years. Tenant's son had submitted sufficient documentary proof showing that he lived in the apartment his entire life, including the two years before tenant moved out in 2000. The DHCR unreasonably relied on the absence of the income affidavits, without legal support for its interpretation of the regulations and despite overwhelming proof of the son's occupancy. Tenant's son was entitled to take over the apartment.

Murphy v. DHCR: Index No. 101005/10, NYLJ 1202473518187 (Sup. Ct. NY; Schlesinger, J; 10/8/10)

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