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

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.

Landlord appealed and lost. Landlord argued that no vacancy lease existed for tenant upon which it could prepare a renewal lease. The DHCR noted that the tenant had succession rights to the apartment under a prior court order that directed issuance of a renewal lease. While the amount of the legal regulated rent wasn't a subject for tenant's lease violation complaint, and wasn't established by the court, the DHCR found that the renewal lease rent may be based on the amount of rent being paid by the tenant at the time of the court order granting succession.

2258 Associates, LLC: DHCR Adm. Rev. Docket No. MT210023RO (1/6/25)[2-pg. document]