Tenant's Nephew Seeks DHCR Ruling on Succession Claim

Apartment occupant asked the DHCR to rule on the rent regulatory status of his apartment. He claimed succession rights from his aunt, who was the prior tenant. The DRA ruled for tenant. Landlord appealed, and the case was reopened. Among other things, landlord argued that it had started a housing court eviction proceeding against occupant, who then filed his DHCR complaint. The DHCR stated that, although it has concurrent jurisdiction with the courts on succession rights claims, where a pending court proceeding is already looking at issues relating to status or succession rights, the DRA shouldn’t continue to process the DHCR case unless the DHCR has been requested to do so by the judge in the court case. In this case, landlord and tenant should be given a chance to submit proof as to the status of the court case, the outcome of a summary judgment motion made there by landlord, and whether there were any other pending motions. If the housing court case is actively underway and discovery has been ordered by the judge, it would be preferable for the court to determine the issues.

S&E Group LLC: DHCR Adm. Rev. Docket No. EM410022RO (6/2/16) [4-pg. doc.]