PASSING ON APARTMENTS

Tenant's Great-Niece Can't Get Mitchell-Lama Co-op Apartment

April 25, 2025    

An apartment occupant claimed succession rights to a Mitchell-Lama co-op apartment after the shareholder tenants died. Tenant husband died in 1995, and his wife died in 2022. She had been admitted to a nursing home...

Daughter Gets Apartment of Tenants Who Retained Rent-Controlled Status After Transfer

April 24, 2025    

The daughter of deceased tenants sought succession rights to their apartment in a DHCR application. The daughter claimed that the unit was rent controlled. Tenants had moved from one apartment to another in the same...

Rent-Controlled Tenant's Daughter Fails to Prove Succession Rights

April 23, 2025    

Rent-controlled tenant's daughter applied to the DHCR in 2021 for a ruling that she had succession rights to the apartment after tenant died in March 2020. The DRA ruled against the daughter, who appealed and...

Rent-Controlled Tenant's Son Can't Get Apartment

April 23, 2025    

The son of a rent-controlled tenant applied to the DHCR in 2023 for a determination that he had succession rights to the apartment after tenant moved out in 2022. The DRA ruled against the son, who appealed and lost...

Rent-Controlled Tenant's Life Partner Gets Apartment

March 28, 2025    

Landlord sued to evict apartment occupant some time after rent-controlled tenant died, claiming that she was a licensee whose right to live in the apartment ended when tenant died. The occupant claimed succession...

Mitchell-Lama Tenant's Mother Fails to Prove Succession Rights

March 26, 2025    

After the tenant of an affordable housing unit under the Mitchell-Lama program moved out of his apartment, tenant's mother claimed succession rights. HPD denied the mother's succession request. Tenant's...

Rent-Stabilized Tenant's Son Fails to Prove Succession Rights

March 24, 2025    

An apartment occupant filed a lease violation complaint with the DHCR. He claimed that he was the son of the rent-stabilized tenant of record, that tenant moved into the unit in 1979, that he was born there in 1986...

Non-Traditional Family Member Fails to Prove Succession Rights

February 25, 2025    

Landlord sued to evict rent-controlled tenant and her roommate in 2017, based on tenant's nonprimary residence. The roommate claimed that, even if the unit was no longer tenant's primary residence, he had...

Base Rent for Successor Tenant Deemed to Be Rent Paid at Time of Succession

February 24, 2025    

Rent-stabilized tenant complained to the DHCR that landlord had refused to offer her a renewal lease on the same terms and conditions as her expiring lease. The DRA ruled for tenant.

Project-Based Section 8 Tenant's Son Gets Apartment After Tenant Dies

January 27, 2025    

Landlord sued to evict the son of the deceased tenant of a project-based Section 8 apartment, claiming that he was a squatter or licensee whose right to occupy the unit had expired. The son claimed succession rights...

Prior Court Stipulation that Deemed Tenants Rent Stabilized Permitted Pass-on Rights for Daughter

January 26, 2025    

(Decision submitted by David Hershey-Webb, of the Manhattan law firm of Himmelstein McConnell Gribben & Joseph LLP, attorneys for the tenant.)

Rent-Stabilized Tenant's Son Can't Get Renewal Lease While Tenant Still Living in Apartment

January 20, 2025    

Rent-stabilized tenant's son complained to the DHCR that landlord refused to offer him a renewal lease. Landlord claimed that the son didn't live in the apartment. In response, the son claimed that he'd...