Successor Rent-Controlled Tenant Must Pay Hardship Rent Increase

LVT Number: #32226

Rent-controlled successor tenant complained of rent overcharge. The monthly rent had been $39.10 per month. Tenant claimed that, after her father, the prior tenant, died, landlord raised the monthly rent to $443.23. Landlord pointed out that the reason for the rent increase was that the DHCR had granted landlord a hardship rent increase. The DRA ruled against tenant, who appealed and lost. The hardship rent increase order was final because no PAR was filed to appeal it. Tenant argued that she didn't receive a copy of that order.

Rent-controlled successor tenant complained of rent overcharge. The monthly rent had been $39.10 per month. Tenant claimed that, after her father, the prior tenant, died, landlord raised the monthly rent to $443.23. Landlord pointed out that the reason for the rent increase was that the DHCR had granted landlord a hardship rent increase. The DRA ruled against tenant, who appealed and lost. The hardship rent increase order was final because no PAR was filed to appeal it. Tenant argued that she didn't receive a copy of that order. But she would not have had standing to oppose landlord's hardship application. It was filed in 2013, and the prior tenant had answered it. 

Lavermicocca: DHCR Adm. Rev. Docket No. KQ220007RT (8/11/22)[2-pg. document]

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