Tenant's Son Can't File Overcharge Complaint Without Power of Attorney

October 12, 2013

LVT Number: #25074

Rent-stabilized tenant's son complained of a rent overcharge. The DRA ruled against him, finding that he had no standing to file an overcharge complaint. The son appealed and lost. He claimed that he was now the tenant because his mother passed the apartment on to him in April 2012. He also claimed that he had power of attorney for his mother. But succession rights apply only when a tenant has moved out or died, and tenant was still living in the apartment with her son. In addition, the son filed the complaint before he was granted power of attorney for tenant.

Rent-stabilized tenant's son complained of a rent overcharge. The DRA ruled against him, finding that he had no standing to file an overcharge complaint. The son appealed and lost. He claimed that he was now the tenant because his mother passed the apartment on to him in April 2012. He also claimed that he had power of attorney for his mother. But succession rights apply only when a tenant has moved out or died, and tenant was still living in the apartment with her son. In addition, the son filed the complaint before he was granted power of attorney for tenant. Tenant or her son could refile a proper overcharge complaint.

Krasner: DHCR Adm. Rev. Docket Nos. AS110007RT, AR110019RT (8/20/13) [2-pg. doc.]

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