Tenant's Granddaughter Claims Pass-on Rights

LVT Number: #22534

Rent-stabilized tenant's granddaughter complained of a rent overcharge. The DRA ruled in her favor, finding a total overcharge of $3,600. The DRA also ordered landlord to give the granddaughter a renewal lease. Landlord appealed and disputed the granddaughter's status. The DHCR sent the case back for further investigation. The granddaughter claimed that she had lived in the apartment since 1991, when she was 7 years old, and that tenant moved out in 2003. Landlord then gave her a vacancy lease.

Rent-stabilized tenant's granddaughter complained of a rent overcharge. The DRA ruled in her favor, finding a total overcharge of $3,600. The DRA also ordered landlord to give the granddaughter a renewal lease. Landlord appealed and disputed the granddaughter's status. The DHCR sent the case back for further investigation. The granddaughter claimed that she had lived in the apartment since 1991, when she was 7 years old, and that tenant moved out in 2003. Landlord then gave her a vacancy lease. But the DRA hadn't examined whether the granddaughter qualified as a remaining family member who had lived in the apartment for at least two years with tenant before tenant moved out.

Guido/The Bushwick House, LLC: DHCR Adm. Rev. Docket Nos. XG210019RT, XG210031RO (12/4/09) [4-pg. doc.]

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