Apartment Never Decontrolled

March 1, 1997

LVT Number: 11312

The DHCR ruled that tenant's apartment was rent-controlled and fixed the maximum legal rent at $105. Landlord appealed. The court and appeals court ruled against landlord. Landlord didn't prove that the apartment was ever decontrolled. The $105 rent was properly set at the level of the 1970 maximum rent based on the amount of the original rent- controlled rent and the fact that landlord hadn't registered the apartment or properly applied for rent increases since 1966 when tenant moved in.

The DHCR ruled that tenant's apartment was rent-controlled and fixed the maximum legal rent at $105. Landlord appealed. The court and appeals court ruled against landlord. Landlord didn't prove that the apartment was ever decontrolled. The $105 rent was properly set at the level of the 1970 maximum rent based on the amount of the original rent- controlled rent and the fact that landlord hadn't registered the apartment or properly applied for rent increases since 1966 when tenant moved in.

Saracco v. DHCR: NYLJ, p. 26, col. 6 (2/6/97) (App. Div. 1 Dept.; Sullivan, JP Ellerin, Rubin, Mazzarelli, JJ)

Topics

More like this