Executor of Tenant's Estate Can't File Overcharge Complaint

LVT Number: 14962

The executor of tenant's estate complained of a rent overcharge. The DRA ruled for tenant's estate. Landlord appealed, claiming that the executor had no standing to file a rent overcharge complaint. The DHCR ruled for landlord. Executors have only limited rights with regard to rent-stabilized apartments. The executor never paid any rent for the apartment and filed the complaint after giving landlord back the apartment keys. Similarly, courts have ruled that a tenant's estate doesn't have a right to a renewal lease.

The executor of tenant's estate complained of a rent overcharge. The DRA ruled for tenant's estate. Landlord appealed, claiming that the executor had no standing to file a rent overcharge complaint. The DHCR ruled for landlord. Executors have only limited rights with regard to rent-stabilized apartments. The executor never paid any rent for the apartment and filed the complaint after giving landlord back the apartment keys. Similarly, courts have ruled that a tenant's estate doesn't have a right to a renewal lease.

Dupont Assocs./Juech: DHCR Adm. Rev. Dckt. No. OE410003RP (3/16/01) [3-pg. doc.]

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