Landlord Seeks Rent Hikes from Successor Tenant

LVT Number: #20128

Apartment occupant asked the DHCR for a ruling that she had pass-on rights to tenant's rent-controlled apartment. She also claimed a rent overcharge. The DRA ruled for occupant, ruling that she was successor rent-controlled tenant and setting the legal rent. Landlord appealed, claiming that it was entitled to rent adjustments for a period when landlord was paying for apartment electricity. The DHCR ruled for landlord in part, finding that landlord may be entitled to a rent hike based on additional apartment occupants. Tenant then appealed. The DHCR ruled for tenant in part.

Apartment occupant asked the DHCR for a ruling that she had pass-on rights to tenant's rent-controlled apartment. She also claimed a rent overcharge. The DRA ruled for occupant, ruling that she was successor rent-controlled tenant and setting the legal rent. Landlord appealed, claiming that it was entitled to rent adjustments for a period when landlord was paying for apartment electricity. The DHCR ruled for landlord in part, finding that landlord may be entitled to a rent hike based on additional apartment occupants. Tenant then appealed. The DHCR ruled for tenant in part. The case was sent back to the DRA to determine the proper amount of the rent increase.

Hitchcock Plaza Inc.: DHCR Adm. Rev. Docket No. VI420009RP (10/4/07) [2-pg. doc.]

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