Tenant Switched Apartments

Tenant complained of a rent overcharge. He'd been living in another apartment in the building until landlord asked him to move so that landlord's relatives could use the apartment. Landlord told tenant the new apartment was decontrolled and that his rent would go up by 200 percent. Afraid he'd be evicted otherwise, tenant moved into the new apartment. The DRA ruled that landlord couldn't increase the rent when tenant moved, and found a rent overcharge. Landlord appealed, arguing that tenant's new apartment had been decontrolled. Tenant wins. When a rent-controlled tenant gives up his apartment in exchange for another at landlord's request, the new apartment remains rent-controlled, and the rent stays the same.

Bustamante: DHCR Adm. Rev. Dckt. Nos. FB 210189-RO, FI 210057-RO (6/14/94) [9-page document]