Tenant's Daughter Can't Pursue Renewal Lease Claim While Eviction Case Pending

Rent-stabilized tenant's daughter complained to the DHCR that landlord failed to offer her a renewal lease after tenant moved out of the apartment. She claimed succession rights. The DRA terminated the proceeding based on a pending eviction proceeding landlord had commenced against the daughter. The daughter appealed and lost. The Housing Court had concurrent jurisdiction with the DHCR to rule on whether the daughter had succession rights. In that case, the court had denied the daughter's request to stay the eviction proceeding pending a decision by the DHCR on her succession claim. As noted by the DRA, if the eviction proceeding was decided in the daughter's favor, landlord must offer her a one- or two-year renewal lease.

Sanueax: DHCR Adm. Rev. Docket No. GN410050RT (11/13/18) [2-pg. doc.]