Records Prove Apartment Was Passed on to Tenant's Brother

Tenants complained of a rent overcharge. The DRA ruled for tenants in part. The DRA found that landlord had collected overcharges from one tenant through January 2005, but didn't recognize tenant's brother as successor tenant who also was overcharged. Tenants appealed. They said they moved in together in 1994 and that one brother moved out in 2005. Landlord argued that no overcharges were collected from the second brother and asked the DHCR to dismiss the PAR. The DHCR ruled for tenants. Both tenants signed the rent overcharge complaint. Landlord didn't deny that the first brother moved out in 2005. And rent registration records listed the second, remaining, brother as the tenant of the apartment for 1996 and 1997. The second brother proved that he was a tenant, and landlord owed him an additional overcharge refund for the period between February 2005 and January 2007.

Lopez: DHCR Adm. Rev. Docket No. VE210067RT (9/12/07) [3-pg. doc.]