Occupant Not Entitled to Renewal Lease for Rent-Controlled Unit
LVT Number: #31332
An apartment occupant named Caminiti complained to the DHCR that landlord failed to offer her a renewal lease. She said she moved into the apartment in April 1992, she paid no rent, and she had requested a lease for 27 years. Landlord didn't answer the complaint, and the DRA ruled for occupant, directing landlord to offer her a rent-stabilized renewal lease at the rent tenant was currently paying.
Landlord appealed and won. Landlord showed that the apartment was rent controlled, that rent-controlled tenant Torres was registered in 1984, that no further registrations were filed, and that landlord didn't know who complainant Caminiti was. The DHCR records confirmed that Torres was the registered rent-controlled tenant in 1984, that no further registrations were filed, and that no MBR/MCR increase applications were filed during the 18 years that landlord stated no rent increases were collected. There was no record that Caminiti was ever registered as a rent-controlled tenant of the apartment.
Caminiti: DHCR Adm. Rev. Docket No. IV410006RO (3/8/21) [2-pg. doc.]