Long-Term Tenant with No Lease Was Subject to Rent Stabilization

In 2017, tenant filed an administrative proceeding application with the DHCR, and sought a ruling on the rent-regulated status of her apartment. She had lived in the building for 43 years, and in the subject apartment for 26 years without a lease. She claimed that this was based on an agreement with the executor of the prior landlord's estate. The landlord claimed that it had asked tenant to sign a lease, but she refused to do so. Tenant claimed that she had a life estate or a lifetime preferential rent of $750 per month. The DRA didn't respond further, although the DRA sent several Requests for Additional Information (RFAIs).

The DRA ruled for tenant, finding that she was rent stabilized and that her legal rent was $750 per month. The DRA also directed landlord to offer tenant a one- or two-year rent-stabilized vacancy lease and to register the unit with the DHCR. Landlord must offer renewal leases in the future to get rent-stabilized rent increases for the unit.

Tenant appealed and lost. Tenant claimed that she never received any requests from the DRA for additional information. And she submitted with her PAR a copy of a contract in support of her life estate claim. But tenant submitted only a partial contract to the DRA and failed to respond to a number of RFAIs. The DRA wouldn't consider new evidence on appeal.

Donowski: DHCR Adm. Rev. Docket No. IV210011RT (2/4/22)[2-pg. document]