Tenant's Daughter Waited Too Long to Raise Pass-On Claim

December 1, 2000

LVT Number: 14576

Tenant complained of a rent overcharge. She also claimed that she was rent-controlled, rather than rent-stabilized. The DHCR ruled for tenant. Landlord appealed and won. Tenant moved into her mother's apartment in 1971. Tenant's mother was rent-controlled and died that year. Landlord then filed a report of statutory decontrol and raised tenant's rent. Tenant filed her overcharge complaint in 1986. It was unreasonable for the DHCR to find that tenant was rent-controlled. She didn't live in the apartment with prior tenant long enough to claim pass-on rights.

Tenant complained of a rent overcharge. She also claimed that she was rent-controlled, rather than rent-stabilized. The DHCR ruled for tenant. Landlord appealed and won. Tenant moved into her mother's apartment in 1971. Tenant's mother was rent-controlled and died that year. Landlord then filed a report of statutory decontrol and raised tenant's rent. Tenant filed her overcharge complaint in 1986. It was unreasonable for the DHCR to find that tenant was rent-controlled. She didn't live in the apartment with prior tenant long enough to claim pass-on rights. And she didn't file her complaint with the DHCR until long after she was treated as rent-stabilized. The case was sent back to the DHCR to determine if tenant had any rent overcharge claim under rent stabilization.

Olszewski v. DHCR: NYLJ, 11/27/00, p. 34, col. 4 (App. Div.2 Dept.; Goldstein, JP, McGinity, Luciano, Feuerstein, JJ)

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