Tenant's Daughter Gets Rent-Controlled Apartment

Tenant complained of a rent overcharge. Landlord increased the rent from $450 per month to $730 per month after tenant's mother died in 2004. Tenant claimed that she had succession rights after her mother died and that the apartment was rent controlled. Landlord claimed that the apartment was rent stabilized and that tenant's daughter moved back in only when tenant's mother became ill. The DRA ruled for tenant and found that tenant was rent controlled. Landlord appealed and lost. DHCR records showed that tenant's mother was rent controlled in 1973. Tenant also submitted sufficient documentary proof that she lived in the apartment as her primary residence for at least two years before tenant died.

Hamer: DHCR Adm. Rev. Docket No. UL220006RO (4/13/07) [3-pg. doc.]