Landlord Harassed Rent-Controlled Tenant's Family Members

Tenants complained to the DHCR that landlord harassed them. The DHCR ruled for tenants after a hearing, finding that landlord harassed tenants in violation of the rent control law. Landlord filed an Article 78 court proceeding to appeal the DHCR's decision.

The court ruled against landlord, who appealed and lost. The DHCR's decision had a rational basis and wasn't arbitrary and capricious. Landlord claimed that the complainants weren't "tenants." But the DHCR found that "tenant," as defined in the rent control law and regulations, included a "tenant, subtenant, lessee, sublessee, or other person entitled to the possession or to the use and occupancy of any housing accommodation." The fact that the tenant of record had moved out didn't determine whether remaining occupants were family members, and landlord didn't prove that occupants weren't family members. One occupant testified that she had lived in the apartment her whole life, and the other testified that he had lived there since 2004. Landlord claimed that it acted to restore the apartment to a livable condition. But the record showed that landlord was neglecting or taking steps to worsen the deplorable apartment conditions that it was well aware of, with the aim of evicting occupants so that it could demolish and redevelop the premises. Landlord, in fact, destroyed the apartment and most of the family's belongings. 

HYK-273 W. 138th Street LLC v. DHCR: Index No. 8347-101554-15, 2019 NY Slip Op 00969 (App. Div. 1 Dept.; 2/7/19; Acosta, PJ, Gische, Kapnick, Gesmer, Singh, JJ)