DHCR Acknowledges Complainant Wasn't Necessarily Legal Tenant

Apartment occupant complained to the DHCR of rent overcharge. The DRA ruled against occupant, finding that the all rent increases were lawful after the base rent date. Landlord appealed and lost. Landlord argued that the occupant lived in the apartment illegally and had no standing to file a rent overcharge claim. Landlord claimed that the DRA improperly referred to the occupant as the apartment "tenant." Landlord noted that in a separate renewal lease complaint proceeding involving this occupant, the DHCR had terminated that proceeding in 2015 based on a pending housing court proceeding by landlord against the occupant. The DHCR ruled against landlord. The order dismissing occupant's rent overcharge claim didn't confer any tenancy rights on occupant. Generally, the DRA's order referred to the occupant as the "complainant." No determination was made concerning the legality of occupant's status in the apartment.

Lana LLC: DHCR Adm. Rev. Docket No. FV210025RO (1/15/19) [2-pg. doc.]