No Rent Increase for First Successor Tenant

Tenant complained of a rent overcharge. The DRA ruled for tenant and reduced his rent. Tenant was the first family-member successor to prior tenant's lease. The DRA found that landlord charged tenant an illegal vacancy increase. Landlord appealed, claiming that tenant was the second family member to take over the apartment, so it was proper to charge a vacancy increase. The DHCR ruled against landlord. The original tenants were a husband and wife. Landlord was confused about the husband's first name based on prior owner's mistaken identification of the husband. Landlord incorrectly thought that there was a family member who took over the apartment in between the husband and his son.

Ensminger/132 Horizon, LLC: DHCR Adm. Rev. Docket No. WF610009RO (9/19/08) [2-pg. doc.]