Tenant's Daughter Gets Rent-Controlled Apartment

The DHCR granted succession rights claim of rent-controlled tenant’s daughter. Landlord filed an Article 78 appeal, claiming that the DHCR’s decision was unreasonable. The court ruled against landlord, who appealed and lost. The DHCR’s decision was rational. The daughter submitted proof that she lived in the apartment with tenant for at least two years before tenant died, including driver’s licenses, tax returns, and bank statements. Landlord’s due process rights weren’t violated by the DHCR’s failure to hold a hearing. Landlord was given reasonable opportunity to be heard and submitted evidence to the DHCR. The DHCR also reasonably determined that, although tenant died in a nursing home, he only permanently vacated the apartment upon his death. The DHCR also properly determined the succession issue since landlord didn’t start an eviction proceeding until more than a year after the daughter filed her DHCR complaint. 

RSL 53-55 E. 95th LLC v. DHCR: 2016 NY Slip Op 01908, 2016 WL 1049175 (App. Div 1 Dept.; 3/17/16; Friedman, JP, Andrias, Saxe, Kapnick, JJ)