Tenant Claims Landlord Improperly Charged Her More Rent After Fire

Rent-stabilized tenant complained of rent overcharge. After a June 2012 fire in her former apartment and six months in a shelter, landlord restored tenant to a different apartment and charged her more rent. The DRA ruled against tenant and found no overcharge because tenant didn’t pay landlord $1 per month for her former apartment after she was vacated. Therefore, she relinquished her rights to the former apartment and there was no overcharge for the new apartment.

Tenant appealed, and the case was reopened. Tenant didn’t lose her rights to the former apartment even if she didn’t pay the $1 per month to landlord. If landlord wanted to terminate tenant’s rights in the former apartment, it should have started an eviction proceeding against tenant. Landlord also had submitted a letter to the Section 8 program stating that it would relocate tenant to the new apartment. So tenant didn’t lose her rights to the former apartment and moved into the new apartment at landlord’s request. Tenant maintained her rent stabilization rights, and the case was sent back to the DRA to determine the proper rent.

Tatum: DHCR Adm. Rev. Docket No. ER210055RT (2/21/17) [6-pg. doc.]