Daughter Proves She's Rent-Controlled Tenant's Successor
LVT Number: #30628
Prior landlord asked the DHCR to determine whether tenant was rent regulated. Landlord claimed that the building had been substantially rehabilitated. The DRA closed the case in 2004 because prior landlord didn't submit a new Certificate of Occupancy. But the DRA stated that landlord could refile at a later date with a new C of O and an updated tenant list so that tenants would be part of the proceeding. New landlord later refiled and submitted the C of O. But the DRA ruled against landlord because it failed to file a complete application for exemption.
Landlord appealed and lost. Landlord argued that it wasn't required to apply to the DHCR to obtain an exemption from rent stabilization based on substantial rehabilitation. Landlord also disputed that tenant was rent controlled. Tenant had signed a rent-stabilized lease in 2003. But the DHCR's RS-3 application form was deemed necessary by the agency for the timely implementation of those sections of the rent laws that allow for exemption based on substantial rehab. And tenant submitted many documents showing that she was the daughter of the prior rent-controlled tenant, had lived in the apartment since at least 1981, and that prior tenant moved out in 2002.
Monmar Plaza, LP: DHCR Adm. Rev. Docket No. HQ210002RO (12/4/19) [3-page doc.]