Tenant's Former Wife Not Entitled to Portion of Rent Overcharge Determination

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,750, including interest. Tenant's former wife appealed, claiming that the DRA failed to name her as a tenant or to give her a chance to join in the overcharge proceeding. She also claimed that the DRA's order falsely stated that tenant was still the tenant of record. Tenant had advised the DRA, after filing his complaint, that he had moved out and that his former wife was now the tenant.

The DHCR ruled against the former wife. The complaint and tenant's vacancy lease listed only the former husband as tenant. There also was insufficient proof that the former wife had been married to tenant and the DRA had no duty to investigate how tenant and his former wife arranged their finances. The DRA's finding in its rent calculation chart that tenant remained in occupancy as a month-to-month tenant after his lease expired wasn't a determination of any succession rights the former wife may have claimed but merely set forth that landlord wasn't entitled to collect a renewal increase from tenant when no renewal lease was in effect. 

Gurevich: DHCR Adm. Rev. Docket No. EV410064RT (5/2/17) [2-pg. doc.]