Minimal Overcharge to Second Successor Tenant

Second successor tenant to rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $751. Landlord appealed and won, in part. Landlord claimed that tenant didn't notify landlord that first successor tenant had died until 15 months later. Landlord claimed that it could have collected a substantially higher rent when first successor tenant died, so tenant owed landlord rent. Alternatively, landlord argued that it properly deemed a two-year lease on July 1, 2006. But the first successor's renewal lease that ran from July 1, 2004, until June 30, 2006, remained in effect until its expiration, even though that tenant died on Jan. 11, 2005, during the term of the lease. So tenant's April 2006 notification to landlord wasn't late. The DRA also correctly voided the deemed two-year lease. But tenant had failed to make certain rent payments, and the total overcharge was only $153.

Jamaica Seven LLC: DHCR Adm. Rev. Docket No. YL110009RO (9/29/11) [3-pg. doc.]