Tenant Who Transferred Didn't Retain Prior Rental Rate

LVT Number: #29830

Rent-stabilized tenant complained of rent overcharge. Tenant claimed that she moved from Apt. 2A to 3A at landlord's request and that landlord then impermissibly increased her rent. The DRA ruled against tenant, who appealed and lost. If a tenant transfers from one apartment to another for landlord's benefit, the tenant retains the legal regulated rent and regulatory status of the prior apartment. But in this case, tenant signed a lease termination premises surrender agreement that released landlord from all claims and obligations regarding the original lease of Apt. 2A.

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Barajas: DHCR Adm. Rev. Docket No. FW210045RT (10/4/18) [3-pg. doc.]