Prior Tenant's Wife Remains Rent Controlled

Tenant complained of a rent overcharge. She said she was rent controlled. Landlord said she bought the building from HUD and tenant therefore was decontrolled. The DRA ruled for tenant. Landlord appealed and lost. Tenant married prior rent-controlled tenant in 1975 and lived with him in the apartment. Prior landlords had applied for MBR increases in tenant's name. There was no question that tenant lived with prior tenant at least two years before his death and therefore was a successor tenant. Landlord didn't prove that prior HUD ownership deregulated tenant's apartment.

Joseph: DHCR Adm. Rev. Docket No. VC220027RO (7/17/07) [3-pg. doc.]