Succession Rights Claim by Tenant's Daughter Would Be Addressed by Court

In 2022, rent-stabilized tenant's daughter complained to the DHCR that landlord failed to recognize her succession rights to the apartment. Landlord pointed out that it had started a pending housing court eviction proceeding against the daughter. The DRA then terminated the daughter's lease violation complaint because the issue was already before the housing court.

The daughter appealed and lost. She argued that the DHCR was the proper forum for her complaint and that she had submitted sufficient evidence to prove succession rights. But the housing court had in fact denied the daughter's request for a stay of the court proceeding based on the pending DHCR complaint, noting that the DRA had issued its order in March 2023. An appeals court also had denied tenant's request for a stay. Since landlord had served a notice of lease nonrenewal and commenced a holdover proceeding against the tenant based on nonprimary residence, the claims of tenant's daughter were before that court and the DRA properly dismissed the daughter's lease violation complaint.

Papageorgiou: DHCR Adm. Rev. Docket No. LO610034RT (7/13/23)[2-pg. document]