Tenant's Brother Gets Rent-Controlled Apartment

Tenant's brother claimed succession rights to tenant's rent-controlled apartment. He said that tenant moved into the apartment in 1969, he moved in with her in 1972 when he was 18, had lived there at all times since, and tenant had moved permanently with her daughter to Florida in December 2005. Tenant said that landlord had started an eviction proceeding against tenant for nonprimary residence.

The DRA ruled for tenant's brother. The DRA found that the brother had lived in the apartment continuously since 1972, that tenant submitted a sworn statement that she moved out in 2005, and that the brother had filed his application with the DHCR before landlord started the eviction proceeding.

Landlord appealed and lost. Landlord argued that the DRA should have held the brother's application until the court decided the issue of tenant's primary residence. Landlord also claimed that the DRA didn't determine whether tenant herself lived in the apartment as her primary residence for two years before she moved out. The DHCR ruled that the DRA had authority to decide the succession rights claim, that the court case hadn't been decided, and that the court hadn't ordered any stay of the DHCR proceeding. Tenant's brother submitted sufficient proof that he had lived in the apartment continuously as tenant's immediate family member. Landlord's claim that tenant lived in Florida before 2005 was speculative. There was no proof that she had more than a summer home there before 2005. The fact that tenant continued to pay rent until 2009 didn't affect her brother's succession rights. Landlord also argued that tenant didn't properly notify landlord that she was vacating. But the court cases landlord relied on applied to rent-stabilized apartments, not rent-controlled apartments. Rent control laws also indicate that a qualifying family member can claim succession rights at any point after tenant vacates.

Underhill-Washington Equities, LLC: DHCR Adm. Rev. Docket No. AX220023RO (4/4/14) [7-pg. doc.]