Daughter of Formerly Rent-Controlled Tenants Can't Get Replacement Apartment

Tenants' daughter complained that the deceased tenants, who were her parents, had been rent controlled and that landlord failed to renew a lease in her name. The DRA ruled against the daughter, who appealed and lost. Landlord showed that the couple moved out of their rent-controlled apartment in 2007. At that time, they signed an agreement with landlord to move into a different apartment in the building. The agreement specified that they didn't retain their rent-controlled status but that they would be charged a preferential rent of $541 per month for life, while the lease was periodically renewed. Landlord also gave tenants $4,300 when they moved. The agreement also provided that it wouldn't apply to any other apartment occupants, whether or not they lawfully succeeded to the apartment. In the meantime, the new apartment had been vacancy deregulated when the legal rent reached $2,100 per month. Tenants knowingly signed the agreement, paid the same rent that they paid in their prior apartment, and were given fair consideration for their agreement to relocate. There was no proof that landlord harassed the tenants; the agreement was voluntary. Their preferential rent arrangement didn't extend to their daughter, and she didn't have succession rights.

Martinez: DHCR Adm. Rev. Docket No. GU410036RT (7/12/19) [5-pg. doc.]