Prior Landlord Agreed to Lease Assignment

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,000, including interest. Landlord appealed and lost. Landlord claimed that tenant was unregulated. He said that the base date rent was $1,952 under a renewal lease with prior tenants that ended in March 2005. Tenant was given an initial lease at a monthly rent of $2,079. But tenant submitted proof that prior landlord accepted her as tenant of the apartment in 2003 and told her to pay rent directly to prior landlord. The prior tenant moved into another apartment in the building at the end of 2003. Although tenant wasn't given her own lease until 2005, clearly there was an assignment of prior tenant's last lease to tenant. So tenant remained rent stabilized when she received her 2005 lease.

344 East 85 Realty LLC: DHCR Adm. Rev. Docket No. XD410033RO (11/25/09) [3-pg. doc.]