Tenant's Brother Gets Rent-Controlled Apartment

May 13, 2015

LVT Number: #26141

Rent-controlled tenant's brother claimed succession rights to the apartment. The DHCR ruled for the brother. Landlord filed an Article 78 appeal and lost. The brother showed that he had lived in the apartment as his primary residence since 1972 and that tenant moved out in 2005. Landlord argued that tenant never notified it that she was vacating and surrendering the apartment. And landlord had started an eviction proceeding against tenant based on nonprimary residence shortly after the brother filed his DHCR complaint.

Rent-controlled tenant's brother claimed succession rights to the apartment. The DHCR ruled for the brother. Landlord filed an Article 78 appeal and lost. The brother showed that he had lived in the apartment as his primary residence since 1972 and that tenant moved out in 2005. Landlord argued that tenant never notified it that she was vacating and surrendering the apartment. And landlord had started an eviction proceeding against tenant based on nonprimary residence shortly after the brother filed his DHCR complaint. But the housing court didn't order any delay of the DHCR case, and the court case was dismissed on procedural grounds. Landlord also claimed that tenant had moved to Florida in 1997, but its proof was insufficient. It also didn't matter that tenant paid rent for several years after she moved out in 2005. The DHCR's decision was rational and was upheld

Underhill-Washington Equities, LLC v. DHCR: 2015 NY Slip Op 50632(U), 2015 WL 1912602 (Sup. Ct. Kings; 4/14/15; Schmidt, J)

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