Tenant May Have Waived Pass-on Rights

Tenant complained that landlord refused to offer him a rent-stabilized renewal lease. Tenant claimed that he had moved into the apartment in 1963 under a two-year lease. His current rent was $523 per month. The DRA notified both sides that it was converting the complaint to a proceeding to determine tenant's rent-regulatory status. The DRA ruled that tenant was rent controlled, not stabilized, and reduced his rent to $169 per month for the period from Jan. 1, 1989, through Feb. 15, 2008. Landlord appealed, claiming that the DRA didn't show landlord copies of the documents it relied on to reach its decision and there was no proof that tenant was rent controlled. Tenant's parents had been the original rent-controlled tenants. The DHCR ruled for landlord and reopened the case. There was insufficient proof to support the DRA's ruling. The apartment had been registered as rent stabilized in 1993, and there was a question as to whether tenant waived his right to claim rent-control pass-on rights. The DRA must seek more facts before making a ruling.

All Star Management: DHCR Adm. Rev. Docket No. WB220028RO (4/23/08) [3-pg. doc.]