Landlord Can Seek Rent Hike for Second Successor Tenant

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, and the case was reopened. In a prior proceeding, landlord opposed tenant's claim for a renewal lease. In that case, the DRA ruled that tenant had succession rights because he had lived with the prior rent-stabilized tenant, his sister, for at least two years before she died. Landlord didn't seek any rent increase in that proceeding. But, as landlord pointed out, the amount of tenant's rent wasn't an issue in the first case. And the sister had been the first successor tenant after original rent-stabilized tenant died. So the DRA must take the case back and reconsider landlord's claim that he properly increased tenant's rent as the second successor tenant.

Jamaica Seven, LLC: DHCR Adm. Rev. Docket No. XF110033RO (12/7/09) [3-pg. doc.]