Tenant Waited Too Long to Assert Claim

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) In 1997, tenant claimed that he was rent controlled after he got from the DHCR a report of maximum collectible rent that named him as rent-controlled tenant. Landlord claimed that tenant was rent stabilized and asked the DHCR to decide the question. The DRA ruled for landlord, and tenant appealed. The DHCR ruled against tenant, and tenant started a court case to challenge the DHCR's ruling. The court sent the case back for further consideration. Tenant claimed that in 1975, when he was 12 years old, he and his mother moved into the apartment with his grandmother, who was rent-controlled tenant. When tenant died in 1979, landlord made tenant's mother sign a rent-stabilized lease. Tenant's mother moved out of the apartment in 1988, but tenant continued to send his mother landlord's lease renewal forms for her to sign. The DHCR ruled against tenant. Tenant signed several rent-stabilized leases and waited many years to make his pass-on claim to the rent-controlled tenancy. Since neither tenant nor his mother claimed rent-control status for 18 years, their delay was unreasonable, and tenant can't now claim rent-control status.

Mayer: DHCR Adm. Rev. Dckt. No. RG420027RP (1/21/04) [4-pg. doc.]