DHCR Will Decide Tenant's Lease Violation Claim in Rent Overcharge Proceeding

Tenant claimed that he was rent stabilized and complained to the DHCR that landlord had offered him an improper unregulated lease, which he had signed. Tenant later withdrew the complaint when he was moving out of the apartment. Landlord notified the DRA that tenant had withdrawn the lease violation complaint. The DRA then terminated the proceeding. The co-tenant filed a PAR, arguing that only tenant had withdrawn his complaint but that she had not. Landlord argued that co-tenant didn't sign the lease violation complaint and that her PAR should be dismissed.

The DHCR ruled for co-tenant. There was some indication that the lease violation complaint had been signed by both tenant and co-tenant. In any event, co-tenant had signed the vacancy lease, so she had standing to continue the lease violation complaint. However, the co-tenant had subsequently also filed a rent overcharge complaint, which was pending before the DRA. Typically, the DRA will incorporate the claims of a lease violation complaint into a rent overcharge proceeding and terminate the lease violation proceeding. So, the DRA denied co-tenant's PAR. Issues concerning the rent-regulated status of the apartment, the legal regulated rent, and whether the landlord had to offer co-tenant a rent-stabilized lease and register the apartment would be decided in the overcharge proceeding.

Dooley: DHCR Adm. Rev. Docket No. MM210023RT (5/7/24)[2-pg. document]