Tenant's Daughter Can't Get Rent-Stabilized Apartment

Rent-stabilized tenant's daughter complained that landlord refused to give her a renewal lease after tenant died. The DHCR ruled for tenant. Landlord then filed an Article 78 court appeal. The court sent the case back for reconsideration. The DHCR then ruled for landlord. The tenant had moved out of the apartment three years before her daughter claimed succession rights. Tenant had continued to pay the rent and had signed a renewal lease in her own name after moving out.  Under these circumstances, the look-back period to determine whether tenant and her daughter lived together in the apartment as their primary residence started before the most recent renewal term. And the daughter clearly didn't live with tenant during the years before tenant actually moved out. The fact that the daughter was a senior citizen didn't matter.

Georgetown Leasing, LLC: DHCR Adm. Rev. Docket No. CO210001RP (7/1/14) [3-pg. doc.]