Son's Claim for Renewal Lease Was Premature

Rent-stabilized tenant's son complained that landlord wouldn't offer him a renewal lease after tenant died. He claimed that he had lived in the apartment with tenant and had succession rights. Tenant's son also said he qualified for Disability Rent Increase Exemption (DRIE). The DRA ruled for tenant's son and directed landlord to offer him a renewal lease. Landlord appealed. Tenant's lease wouldn't expire until April 30, 2008. Landlord argued that the complaint by tenant's son was therefore premature. The DHCR ruled for landlord. There was no ground for the son's complaint unless landlord failed to offer him a renewal lease during the window period before lease expiration. This hadn't happened yet. However, the DHCR pointed out that nothing in its order meant that the DRA's ruling that tenant's son had proved succession rights was wrong.

Massachusetts Leasing Limited Liability Co.: DHCR Adm. Rev. Docket No. VC110016RO (4/26/07) [3-pg. doc.]