Prior Case Settled Issues

November 1, 2002

LVT Number: 16206

Tenant complained of a rent overcharge. The DRA ruled for tenant but permitted a vacancy increase in calculating the legal rent. Tenant appealed, claiming that she became the tenant after her mother, the prior tenant, moved out. Since tenant got pass-on rights, landlord shouldn't have charged a vacancy increase. The DHCR ruled against tenant. Tenant previously had sued landlord in court. Both sides were represented by attorneys and signed a settlement agreement in court. Tenant agreed to sign a vacancy lease and to allow the DHCR to determine the legal rent.

Tenant complained of a rent overcharge. The DRA ruled for tenant but permitted a vacancy increase in calculating the legal rent. Tenant appealed, claiming that she became the tenant after her mother, the prior tenant, moved out. Since tenant got pass-on rights, landlord shouldn't have charged a vacancy increase. The DHCR ruled against tenant. Tenant previously had sued landlord in court. Both sides were represented by attorneys and signed a settlement agreement in court. Tenant agreed to sign a vacancy lease and to allow the DHCR to determine the legal rent. Tenant should have raised the issue of illegal eviction and pass-on rights in the court case. By not doing so, tenant, in effect, dropped this claim.

Lopez: DHCR Admin. Rev. Dckt. No. PF110009RT (9/24/02) [2-pg. doc.]

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