Tenant's Daughter Has Pass-On Rights
LVT Number: #20750
Tenant complained of a rent overcharge. She claimed that she had lived in the apartment for at least one year with prior tenant, who was her mother, before prior tenant died. At that time, both tenant and prior tenant were over 65 years of age. Therefore, landlord should have given her a renewal lease instead of charging her a vacancy rent. The DRA ruled for tenant and found she had pass-on rights to the apartment. Landlord appealed, claiming that there was no proof that tenant lived with prior tenant for any length of time. Also, tenant waited too long, because prior tenant died in 2000 and tenant didn't file her overcharge complaint until 2006. Landlord also claimed that tenant forged prior tenant's signature on the 2002-04 renewal lease.
The DHCR ruled against landlord. Tenant submitted substantial proof that she had lived in the apartment with prior tenant for at least one year before prior tenant died. Tenant's claim wasn't time-barred. If a tenant proves pass-on rights, she has an absolute right to an order from the DHCR declaring that to be the case. And tenant's delay wasn't excessive or inexcusable. There also was no proof that tenant forged prior tenant's signature on the 2002-04 renewal lease.
1722 Realty Corp.: DHCR Adm. Rev. Docket No. VK210055RO (7/8/08) [4-pg. doc.]