Apartment Decontrolled in 1977

LVT Number: 16535

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. The DRA later restored tenant's rent in response to landlord's application showing the conditions had been corrected. These orders stated that tenant was rent controlled. Landlord asked for reconsideration, to correct the finding that tenant was rent controlled. The DRA ruled for landlord and issued corrected orders stating that tenant was rent stabilized. Tenant appealed and lost. Landlord proved tenant's apartment was vacancy decontrolled in 1977.

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. The DRA later restored tenant's rent in response to landlord's application showing the conditions had been corrected. These orders stated that tenant was rent controlled. Landlord asked for reconsideration, to correct the finding that tenant was rent controlled. The DRA ruled for landlord and issued corrected orders stating that tenant was rent stabilized. Tenant appealed and lost. Landlord proved tenant's apartment was vacancy decontrolled in 1977. The DHCR's own files contained a report of vacancy decontrol from 1977. And tenant had written letters to the DHCR asking the agency to correct prior rent reduction orders to state that he was rent stabilized, not rent controlled.

Yamaguchi: DHCR Adm. Rev. Dckt. No. QI430013RT (3/5/03) [4-pg. doc.]

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