Daughter Can't Claim Rent Overcharge Unless She Gets Pass-On Rights

Rent-controlled tenant's daughter complained of a rent overcharge. She claimed that she had lived in the apartment since 1971, and had succeeded as tenant when her mother died in 2012. Landlord claimed that the daughter hadn't lived in the apartment for a few years before tenant died and therefore had no succession rights. Landlord also claimed the apartment was rent stabilized. The DRA ruled against tenant's daughter, who appealed and lost. In a separate agency proceeding, the DRA had ruled that the daughter didn't have succession rights. Her appeal of that decision was pending. Since the DRA initially found no succession rights, it was appropriate to dismiss the rent overcharge complaint. If the DHCR ultimately decides that the daughter does have succession rights, she can refile her overcharge claim.

Peebles: DHCR Adm. Rev. Docket No. BS220015RT (8/21/13) [2-pg. doc.]