Tenant Didn't Abandon Claim

Tenant complained that his first rent- stabilized rent exceeded the fair market rent for the apartment. The DRA ruled for tenant and reduced his rent. Landlord appealed, arguing that by paying the rent and lease renewals based on the initial rent charged, tenant had acknowledged that the initial rent was correct. Also, since tenant had died, her complaint should now be discontinued. The DHCR ruled against landlord. There was no requirement that tenant withhold rent payments or refer to his complaints on subsequent lease renewals to maintain his objection to the amount of the initial rent. And tenant's complaint didn't end with his death. Because the DRA's order sets the legal rent for the apartment, the issue isn't personal to tenant. It affects the apartment.

O.R.S. Realty Co.: DHCR Adm. Rev. Dckt. No. EC410236RO (6/21/95) [4-page document]