Apartment Occupied as Residence

Tenant filed a fair market rent appeal. Landlord claimed that the apartment wasn't subject to rent stabilization because tenant had a commercial lease. The DRA ruled against landlord. Landlord appealed and lost. It didn't matter what form of lease was used; what mattered was whether tenant lived in the apartment. Landlord installed a new stove, refrigerator, and bathroom vanity before tenant moved in. The Certificate of Occupancy for the apartment stated that only residential usage was permitted. Also, tenant had written to landlord about residential service complaints.

Conti: DHCR Adm. Rev. Dckt. Nos. MG410090RO and MG410117RT (9/27/00) [6-pg. doc.]