Tenant Who Transferred Apartments at Landlord's Request Was Entitled to Rent-Stabilized Lease

Tenant complained to the DHCR that landlord refused to give her a rent-stabilized renewal lease for Apt. 3FW at the building. The DRA ruled against tenant, finding that tenant's apartment number was 3RW and that Apt. 3RW was deregulated.

Tenant appealed and won. Tenant pointed out that her complaint concerned Apt. 3FW, not 3RW. Although tenant had previously lived in Apt. 3RW, she moved to Apt. 3FW in January 2022. Tenant claimed that she transferred apartments with five months remaining on her 3RW lease because landlord was performing work in the unit above 3RW and asked her to move. Landlord claimed that it transferred tenant to 3FW as a temporary measure while emergency work was underway in 3RW and while the tenant of record of 3FW was staying with family outside New York City during the COVID-19 pandemic. Tenant claimed that the prior 3FW tenant had in fact vacated permanently.

The DHCR ruled for tenant. Email correspondence from the prior 3FW tenant showed that she didn't intend to return, and there was no proof of any agreement with the complaining tenant that her transfer to 3FW was temporary. Landlord must offer tenant a vacancy lease with a rent-stabilized rider for Apt. 3FW based on a legal rent of $1,042 per month plus the applicable guideline increase. 

Wolfson: DHCR Adm. Rev. Docket No. MO410023RT (7/17/24)[4-pg. document]