Stepson Didn't Prove He Lived with Tenant for Two Years Before She Died

Apartment occupant complained to the DHCR that landlord refused to give him a rent-stabilized renewal lease even though he had succession rights to tenant's apartment. The DRA ruled for occupant and directed landlord to issue him a renewal lease because he submitted proof that he was the stepson of prior tenant and had lived with her for at least two years before tenant died in October 2018.

Landlord appealed and won. Landlord argued that the DRA erred in relying on uncertified birth certificates and marriage certificate, that the DRA should have requested tax returns, that the agency accepted records not relevant to the time period of two years prior to tenant's death and should have requested additional documents, and that the DRA's order should be revoked or delayed until housing court decided a pending eviction proceeding against the occupant.

The DHCR noted that the fact that landlord filed an eviction proceeding didn't mean the DHCR couldn't decide the succession issue. The DHCR had concurrent jurisdiction, and the court didn't stay the DHCR proceeding. However, the occupant failed to demonstrate that he lived in the apartment between Oct. 1, 2016, and Oct. 1, 2018. Occupants records from 2014-2016, and utility bills from 2019, didn't cover the relevant period. So, the stepson failed to prove succession rights and his claim must be dismissed.

Edgecombe Preservation LLC: DHCR Adm. Rev. Docket No. HR410035RV (9/15/20) [3-pg. doc.]