Prior Tenant Withdrew Complaint

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord had submitted a letter from tenant to the DRA by which tenant withdrew his complaint. Tenant then also moved out of the apartment. New tenant responded to landlord's PAR, claiming that, even so, she should be substituted as the complainant to continue the overcharge proceeding. The DHCR ruled for landlord. There was no proof that tenant's letter withdrawing his complaint wasn't authentic. And since tenant withdrew his complaint before he moved out, the case should have been closed at that point. It was improper procedure to continue the case substituting new tenant.

Marlys Realty Assocs. and MacDonald: DHCR Adm. Rev. Dckt. Nos. CE 410311 RO, DE 410424 RT (10/27/95) [6-page document]