Tenant's Granddaughter Claims Pass-On Rights After Fire

Tenant's granddaughter asked the DHCR to reduce tenant's rent to $1 per month following a fire in tenant's apartment. Tenant was in the hospital with burn injuries when her granddaughter filed the complaint. The granddaughter claimed that she had lived in the apartment with tenant for 12 years. Landlord answered the complaint, stating that tenant had since died. Landlord submitted a sworn statement from tenant's son, who was tenant's executor, surrendering possession of the apartment as of March 2007. In April 2007, the DRA reduced tenant's rent to $1 per month and ruled that the granddaughter was entitled to pass-on rights because landlord hadn't submitted any proof to the contrary. Landlord appealed. The DHCR reopened the case. The DRA properly reduced tenant's rent to $1 per month. But the only proof before the DRA that tenant had pass-on rights was her unsupported statement. It wasn't even known if the granddaughter claimed pass-on rights. Landlord claimed that the granddaughter owned her own house in the Bronx. And tenant's son had surrendered the apartment after tenant died. The case was sent back to the DRA to determine whether the granddaughter was claiming rights to the apartment and, if so, whether there was proof that she had lived in the apartment with tenant for at least two years before tenant died.

Toskic: DHCR Adm. Rev. Docket No. VF420060RO (12/31/07) [3-pg. doc.]