Apartment Decontrolled Because of Vacancy

Landlord's Report of Statutory Decontrol, filed in 1988, stated that prior rent-controlled tenant moved out on Oct. 31, 1971, and that current tenant moved into the apartment on Nov. 1, 1971. Tenant complained to the DHCR, claiming that she'd lived in the apartment since December 1968 and so was rent-controlled. Landlord claimed that tenant had only been rent-controlled tenant's subtenant before November 1971. The DRA ruled against tenant, finding that she was neither rent-controlled nor rent-stabilized since the building contained fewer than six apartments. Tenant appealed. The DHCR again ruled against tenant. Landlord showed that it had accepted rent from rent-controlled tenant only while he was tenant of record and never accepted rent from tenant when she was rent-controlled tenant's subtenant. Tenant claimed that prior tenant had ''assigned'' his rights to her for a $580 fee, but landlord wasn't a party to this agreement, and under rent control laws such an assignment isn't valid.

Brown: DHCR Adm. Rev. Dckt. No. FI420427RT (5/8/98) [4-page document]