1984 CAB Expulsion Converted Rent-Stabilized Apartment to Rent Controlled

Landlord asked the DHCR to determine the status of tenant’s apartment. Landlord claimed that tenant’s apartment had been decontrolled by a 1959 agency order, and later became rent-stabilized. But by CAB Order No. 782 dated March 29, 1984, landlord was expelled from the Rent Stabilization Association and the apartment reverted to rent control status. In 1988, the DHCR started a proceeding to set the Maximum Collectible Rent for tenant’s apartment but landlord failed to submit necessary documentation and no rent was set. The DRA now ruled that tenant’s apartment was rent-controlled and stated that the rent was $227 per month. Landlord appealed and lost. The CAB order clearly made tenant’s apartment subject to rent control. And landlord was advised to start an MBR proceeding to determine the legal rent for the apartment.

Benjamin/Roach: DHCR Adm. Rev. Docket Nos. XJ420027RT, XJ420034RO (12/11/09) [2-pg. doc.]