Tenant's Child Gets Apartment

February 1, 2006

LVT Number: 18631

Rent-stabilized tenant's daughter complained to the DHCR that landlord refused to give her a renewal lease. She claimed pass-on rights to the apartment. The DHCR ruled for daughter based on a finding that she had lived in the apartment with tenant for at least two years before tenant died. Landlord appealed and lost. The DHCR didn't have to hold a hearing to decide questions of fact. The DHCR received sufficient information in the papers that were submitted to make its ruling.

Rent-stabilized tenant's daughter complained to the DHCR that landlord refused to give her a renewal lease. She claimed pass-on rights to the apartment. The DHCR ruled for daughter based on a finding that she had lived in the apartment with tenant for at least two years before tenant died. Landlord appealed and lost. The DHCR didn't have to hold a hearing to decide questions of fact. The DHCR received sufficient information in the papers that were submitted to make its ruling. Landlord didn't submit any proof that the daughter lived somewhere else during the period that she showed she was living in the apartment.

Sangro Management Corp. v. DHCR: NYLJ, 1/5/06, p. 24, col. 4 (App. Div. 1 Dept.; Tom, JP, Andrias, Gonzalez, Sweeny, JJ)

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