Tenant's Mother Had No Standing to File Rent Overcharge Complaint

LVT Number: #27815

Rent-stabilized tenant's mother complained of rent overcharge. The DRA dismissed her claim because she was an apartment occupant, not the tenant. Also, tenant had settled any claim with landlord in a housing court case and had agreed to move out. Occupant appealed and lost. Tenant's mother had no standing to file a rent overcharge complaint. She was never added to tenant's lease and never claimed succession rights after tenant moved out. In a so-ordered court settlement, tenant agreed to move out by Aug. 31, 2015, and landlord waived $17,300 in back rent owed.

Rent-stabilized tenant's mother complained of rent overcharge. The DRA dismissed her claim because she was an apartment occupant, not the tenant. Also, tenant had settled any claim with landlord in a housing court case and had agreed to move out. Occupant appealed and lost. Tenant's mother had no standing to file a rent overcharge complaint. She was never added to tenant's lease and never claimed succession rights after tenant moved out. In a so-ordered court settlement, tenant agreed to move out by Aug. 31, 2015, and landlord waived $17,300 in back rent owed. Landlord also had argued that tenant's mother didn't live in the apartment when she filed the complaint and never paid rent to landlord. And landlord never listed tenant's mother in annual rent registrations of the apartment.

Gedeon: DHCR Adm. Rev. Docket No. EX210039RT (5/24/17) [2-pg. doc.]

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