Tenant's Wife Had No Standing to File Service Reduction Complaint

Apartment occupant complained to the DHCR of a reduction in required services. Landlord pointed out that occupant wasn't the tenant of record and that occupant therefore had no right to complaint. The DRA ruled for occupant, finding that services were reduced, and reduced tenant's rent. Landlord appealed, and DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable.

The DHCR agreed to take the case back for reconsideration, then ruled for landlord. Landlord showed that the occupant who filed the complaint wasn't the sole rent-stabilized tenant who signed a vacancy and renewal lease. Rent Stabilization Law Section 26-514 permits a tenant or subtenant to file a service reduction complaint. RSC Sections 2520.6(d), (k), and (i) define "tenant," "subtenant" and "occupant," and provide that an occupant "shall not be considered a tenant for the purposes of this Code." Leases showed that occupant wasn't the tenant and there was no proof that she was a subtenant. While occupant may have been tenant's wife, there was no proof that tenant complied with procedural requirements when filing the service reduction complaint. There was nothing filed to show anyone was authorized to file a complaint on tenant's behalf. The DHCR's rent reduction order was revoked.

Fontana LLC: DHCR Adm. Rev. Docket No. GO110005RP (5/24/18) [4-pg. doc.]