Tenant's Son Can't Get Apartment

Rent-stabilized tenant’s son asked the DHCR to rule on his claim to pass-on rights. He said that he lived in the apartment for at least two years before tenant moved out. Landlord claimed that the son was a trespasser who illegally moved into tenant’s apartment after tenant moved out. The DRA ruled against tenant’s son. He appealed and lost. In 2008, the housing court had already ruled against tenant’s son. The son had sued landlord, claiming unlawful eviction. The court found that landlord didn’t lock him out of the apartment. He had been removed by the police. The court further ruled that tenant’s son wasn’t entitled to possession of the apartment. Tenant had voluntarily moved out, and she had never listed the son as a family member on the family composition list. Since the court had already ruled that tenant’s son had no succession rights, the DHCR must follow that ruling.

Williams-Bey: DHCR Adm. Rev. Docket No. XK620007RT (12/30/09) [3-pg. doc.]