Tenant's Son Gets Rent-Stabilized Apartment

Rent-stabilized tenant’s son claimed succession rights after tenant died in 2013. The DRA ruled for the son and directed landlord to offer him a renewal lease. Landlord appealed and lost. The son had been the rent-stabilized tenant of the apartment until 1999. Landlord then granted the son’s request to renew the lease in his mother’s name since she lived in the apartment with him. While she was the rent-stabilized tenant, the mother obtained SCRIE benefits and repeatedly reported on forms supplied by landlord that she lived alone in the apartment. Landlord argued that if the son lived in the apartment with tenant for two years before tenant died, it was unlikely that tenant would have qualified for the income limits of SCRIE. The DHCR found that landlord’s claim was speculative and dismissed the PAR.

102-30 67th Avenue LLC: DHCR Adm. Rev. Docket No. DS110039RO (10/14/15) [4-pg. doc.]