Tenant's Wife Must Prove Pass-On Rights

The wife of a deceased rent-stabilized tenant complained that landlord refused to offer her and her son a renewal lease. The DRA ruled against the wife, finding that she didn't prove she was entitled to succession rights. The wife appealed and lost. She claimed that she was entitled to a renewal lease whether or not she established succession rights. Landlord had treated her and her son as month-to-month tenants and collected rent from them. But the wife didn't submit any proof that she had succession rights. And since all leases for the apartment had been issued solely in tenant-husband's name, she wasn't entitled to a renewal lease simply because she was tenant's spouse.

Rohrsetzer: DHCR Adm. Rev. Docket No. AU410036RT (4/11/13) [3-pg. doc.]