Landlord Didn't Overcharge Former Tenant's Roommate

Apartment tenant complained of rent overcharge. He claimed that he had succession rights and that landlord improperly charged him a vacancy increase instead of a renewal increase when landlord gave him a lease after tenant moved out. The DRA ruled for tenant, but landlord appealed and won. New tenant was prior tenant's cousin. He lived in the apartment with tenant and her husband until they moved out. Therefore, he wasn't a "family member" entitled to succession rights as defined by the Rent Stabilization Code. Tenant also didn't show any facts to define him as a nontraditional family member. Since tenant wasn't entitled to a renewal lease, landlord didn't overcharge him by giving him a vacancy lease when tenant moved out. There was no overcharge.

50 Rosen Realty Corp.: DHCR Adm. Rev. Docket No. GT210035RO (8/20/19) [4-pg. doc.]