Apartment Became Rent Stabilized After HPD Set Rents

August 31, 2007

LVT Number: #19863

Tenant claimed that he was subject to rent control and asked the DHCR to issue a ruling making that determination. Tenant said that he had moved into his apartment in 1967 and was mistakenly treated as rent stabilized. The DRA ruled for tenant. Landlord appealed and won. Landlord had shown that in 1999 HPD issued an order finding that the building had been rehabilitated under the Private Housing Finance Law. HPD set the initial rent for tenant's apartment at $150 per month and ruled that the apartment was no longer rent controlled.

Tenant claimed that he was subject to rent control and asked the DHCR to issue a ruling making that determination. Tenant said that he had moved into his apartment in 1967 and was mistakenly treated as rent stabilized. The DRA ruled for tenant. Landlord appealed and won. Landlord had shown that in 1999 HPD issued an order finding that the building had been rehabilitated under the Private Housing Finance Law. HPD set the initial rent for tenant's apartment at $150 per month and ruled that the apartment was no longer rent controlled. HPD's order made tenant's apartment subject to rent stabilization after setting the initial rent.

5 Tellers Associates: DHCR Adm. Rev. Docket No. VD620006RO (7/31/07) [2-pg. doc.]

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