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

LVT Number: #32788

Apartment occupant, who claimed to be tenant's granddaughter, filed a lease violation complaint with the DHCR, claiming that landlord refused to recognize her succession rights to the rent-stabilized apartment. The DRA ruled against occupant, who appealed and lost. Landlord pointed out that the rent-stabilized tenant had lived in the apartment with her son under a renewal lease for the term between July 1, 2021, and June 30, 2023. The tenant and her son both died in January 2022.

Apartment occupant, who claimed to be tenant's granddaughter, filed a lease violation complaint with the DHCR, claiming that landlord refused to recognize her succession rights to the rent-stabilized apartment. The DRA ruled against occupant, who appealed and lost. Landlord pointed out that the rent-stabilized tenant had lived in the apartment with her son under a renewal lease for the term between July 1, 2021, and June 30, 2023. The tenant and her son both died in January 2022. The DHCR found there was no proof that the occupant had lived in the apartment for two years before the tenant died but had in fact moved in after tenant passed away. The occupant also failed to prove that she was tenant's family member. And none of the records she submitted showed that she lived in the apartment while tenant lived there. 

D'Antonio: DHCR Adm. Rev. Docket No. LO210035RT (8/1/23)[3-pg. document]

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