Tenant Transferred Apartments Without Written Agreement

Tenant complained to the DHCR that landlord tricked her into moving from her rent-controlled apartment into a rent-stabilized apartment at an excessive rent. Tenant claimed that she should still be rent controlled. The DRA ruled against tenant, but reduced the amount of the legal regulated rent set by landlord. Landlord appealed and lost. Tenant had lived in the rent-controlled apartment for 38 years and paid rent of $325 per month. Her apartment needed major repairs. Landlord offered to move her to another apartment in the building and orally assured her that the rent would be $650 per month. After she moved, landlord offered tenant a rent-stabilized lease at $1,500 per month with a preferential rent of $650. Tenant claimed that she didn't understand the agreement. Since there was no written agreement to continue tenant's rent-controlled status, she was rent stabilized in her new apartment. But Rent Control Regulations Section 2200.15 and Rent Stabilization Code Section 2520.13 void any agreement by which a tenant waives the benefits of rent regulation. Landlord argued that it spent $57,000 to renovate tenant's new apartment. But landlord submitted no proof of this. And landlord converted tenant's rent-controlled apartment into a duplex and charged $2,200 per month.

Bragston Realty Corp.: DHCR Adm. Rev. Docket No. XL220030RO (8/25/10) [5-pg. doc.]