Landlord Waited Too Long to Challenge Tenant's Rent-Controlled Status

Tenant complained of a rent overcharge. She claimed that she was rent controlled, had lived in the apartment since 1957, and that new landlord wanted her to sign a lease for $856 and change the status of her apartment. Landlord claimed that tenant's mother was the rent-controlled tenant, that the mother had died in 1988, and that tenant didn't prove pass-on rights. After considering documentary proof submitted by landlord and tenant, the DRA ruled against tenant and found that she wasn't rent controlled. Tenant appealed, claiming that prior landlord treated her as rent controlled and she didn't have to prove pass-on rights. The DHCR ruled for tenant. After tenant's mother died, prior landlord filed for MBR increases at least three times. Prior landlord also accepted rent from tenant for 14 years. And landlord didn't file a statutory notice of decontrol until recently. So landlord waited too long to claim that tenant wasn't rent controlled. It also would be unfair to require tenant to now produce proof that she lived in the apartment with her mother 16 years ago.

McLaughlin: DHCR Adm. Rev. Dckt. No. RJ220054RT (5/6/04) [4-pg. doc.]