Tenant Who Transferred Didn't Retain Prior Rental Rate

Rent-stabilized tenant complained of rent overcharge. Tenant claimed that she moved from Apt. 2A to 3A at landlord's request and that landlord then impermissibly increased her rent. The DRA ruled against tenant, who appealed and lost. If a tenant transfers from one apartment to another for landlord's benefit, the tenant retains the legal regulated rent and regulatory status of the prior apartment. But in this case, tenant signed a lease termination premises surrender agreement that released landlord from all claims and obligations regarding the original lease of Apt. 2A. It was reasonable for the DRA to rely on the agreement signed by landlord and tenant and to find that the rent from Apt. 2A didn't carry over to tenant's rental of Apt. 3A. Landlord was entitled to charge tenant a vacancy increase when tenant signed a lease for Apt. 3A. And landlord properly preserved a legal regulated rent and preferential rent in tenant's vacancy lease for Apt. 3A. There was no proof that landlord misled tenant, and there was no overcharge.

Barajas: DHCR Adm. Rev. Docket No. FW210045RT (10/4/18) [3-pg. doc.]