Apartment Occupied by Super on Base Date

(Decision submitted by Jack Kuttner of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to submit a complete rent history. Landlord appealed, pointing out that on the base date, four years before the filing of tenant's complaint, the apartment was occupied by the building super who paid no rent. The DHCR ruled for landlord. Since the apartment was exempt from rent stabilization on the base date, tenant must be treated as a first tenant under rent stabilization. And since tenant wasn't the first stabilized tenant to occupy the apartment after vacancy by a rent-controlled tenant, the first rent wasn't subject to challenge by tenant. So tenant's first rent was the legal base rent. There was only a small overcharge collected after that.

Duncan Realty: DHCR Adm. Rev. Dckt. No. HI210014RO (12/16/99) [3-pg. doc.]