Apartment Occupied by Super on Base Date

Tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed. The DHCR again ruled against tenant. The apartment had been occupied by the building superintendent before tenant moved in. Tenant filed his complaint in 1990. The super was living in the apartment and paying no rent on the base date four years earlier. So landlord was entitled to charge a first rent to tenant.

Brawley: DHCR Adm. Rev. Dckt. No. II610065RT (1/20/00) [2-pg. doc.]