Landlord Claims Occupant Isn't Rent-Stabilized Tenant

October 30, 2017

LVT Number: #27997

The DRA reduced rent-stabilized tenant's rent to $1 per month after a fire caused tenant to move out involuntarily. Landlord appealed and lost. Landlord claimed that tenant didn't file the complaint resulting in the rent reduction. Instead, landlord said that the complaint was filed by an apartment occupant who didn't have standing to complain. The DHCR ruled against landlord, finding that landlord didn't raise this issue before the DRA and therefore couldn't do so for the first time on appeal.

The DRA reduced rent-stabilized tenant's rent to $1 per month after a fire caused tenant to move out involuntarily. Landlord appealed and lost. Landlord claimed that tenant didn't file the complaint resulting in the rent reduction. Instead, landlord said that the complaint was filed by an apartment occupant who didn't have standing to complain. The DHCR ruled against landlord, finding that landlord didn't raise this issue before the DRA and therefore couldn't do so for the first time on appeal. If landlord maintained that the occupant wasn't a tenant, landlord should file a request with the DHCR for an administrative determination.

14 Marcy Mgmt Corp.: DHCR Adm. Rev. Docket No. EW610015RO (8/25/17) [3-pg. doc.]

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