Successor Tenant Is Rent Controlled, Not Stabilized

Landlord asked the DHCR to determine tenant's status. Landlord claimed that tenant was the second successor to rent-controlled tenant and, therefore, was rent stabilized. The DRA ruled against landlord. Landlord appealed and lost. Landlord claimed that tenant had moved out of the apartment and returned to Cuba in 1963. His common-law wife continued to pay rent in tenant's name, and landlord said she was the first successor tenant. The wife's sister now claimed succession rights. The DHCR said that the wife had moved out of the apartment in 1979, long before 1997 amendments to the law permitting vacancy allowances for second successor tenants. For the purposes of succession, the wife was the rent-controlled tenant and the sister was the first successor rent-controlled tenant.

Cromwell Assocs.: DHCR Adm. Rev. Docket No. RL420009RP (9/27/06) [5-pg. doc.]