Third Successor Tenant Was Only First Successor After June 20, 1997

Rent-controlled tenant complained of rent overcharge. The DRA ruled that the MCR was $2,414 effective Jan. 1, 2014. Tenant appealed and won. The issue was whether tenant was a first successor tenant, entitled to no rent increase. The DHCR ruled for tenant. It was undisputed that tenant succeeded to the apartment in 2006 and may be the third successor rent-controlled tenant to the apartment. But tenant is the first tenant to have succeeded after June 20, 1997. The last tenant who succeeded did so in 1988, before the law was changed to provide for a vacancy rent increase upon the second succession. So landlord couldn’t collect a successor rent increase from tenant. The rent was reduced accordingly.

Whitman: DHCR Adm. Rev. Docket No. DP420001RP (6/19/15) [6-pg. doc.]