Apartment Decontrolled When Prior Tenant Became Super

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant filed a fair market rent appeal. The DRA ruled for tenant and ordered a $45,000 rent refund. Landlord appealed, claiming that tenant's apartment wasn't subject to a fair market rent appeal. The DHCR ruled for landlord. Tenant's apartment had become exempt from rent control when prior rent-controlled tenant became the nonrent-paying superintendent in 1976. The apartment had remained exempt from rent regulation until tenant moved in as first stabilized tenant in 1982. There had been no actual vacancy when the apartment became exempt from rent control in 1976. So the apartment had become decontrolled for a reason other than vacancy decontrol and wasn't subject to a fair market rent appeal.

Swett: DHCR Adm. Rev. Dckt. No. MB410062RO (12/10/98) [5-pg. doc.]