No Temporary Exemption for Prior Landlord's Mother

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that the apartment had been temporarily exempt from rent regulation from the base date until current landlord bought the building. Tenant appealed and won. Prior landlord submitted no information or statement to the DRA and current landlord had no first-hand knowledge as to whether prior landlord collected rent before September 2009, or the amount of any rent if paid. Tenant was prior landlord’s mother and claimed that she had lived with him and his wife until she moved into the apartment in 2003. Tenant claimed that she paid $480 per month to her son in cash each month. The DHCR found that tenant was a month-to-month tenant on the Sept. 17, 2005, base date, paid $480 on the base date, and increased amounts after that. There was an overcharge of $5,640.

Nihas: DHCR Adm. Rev. Docket No. ZB110050RT (7/5/12) [6-pg. doc.]