Tenant's Daughter Couldn't Claim Pass-on Rights to Unit Already Leased to Tenant's Son

Apartment occupant, who was rent-stabilized tenant's daughter, filed a lease violation complaint with the DHCR. She claimed succession rights to the apartment and said that she had moved in to take care of her mother in 2016. The DRA ruled against the occupant, finding that since she wasn't a primary tenant of the apartment, she couldn't file a lease violation complaint. The daughter appealed and lost. She claimed that her brother had improperly claimed succession rights. But the DHCR found that the daughter's brother had signed a renewal lease with landlord after the mother died. That lease currently was in effect until Jan. 31, 2026. Even if the daughter presently lived in the apartment, she could no longer claim succession rights from her mother. And any dispute between the daughter and her brother must be resolved in court. 

Wilson: DHCR Adm. Rev. Docket No. MP610022RT (9/12/24)[2-pg. document]