Apartment Previously Occupied by Super

April 30, 1997

LVT Number: 11456

(Decision submitted by Karen Schwartz-Sidrane of the Lake Success law firm of Daniels Norelli Schwartz-Sidrane & Cecere, LP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant and dismissed the complaint. The apartment had been occupied by the building superintendent on the April 1, 1984, base date and up until March 1992. Tenant moved into the apartment after the super moved out. So tenant's first rent was the initial legal regulated rent for the apartment and there was no overcharge.

(Decision submitted by Karen Schwartz-Sidrane of the Lake Success law firm of Daniels Norelli Schwartz-Sidrane & Cecere, LP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant and dismissed the complaint. The apartment had been occupied by the building superintendent on the April 1, 1984, base date and up until March 1992. Tenant moved into the apartment after the super moved out. So tenant's first rent was the initial legal regulated rent for the apartment and there was no overcharge. And since the apartment had been occupied by landlord's employee before becoming rent-stabilized, the rent wasn't subject to a fair market rent appeal.

Rodriguez v. Edelstein: DRA Dckt. No. GJ510297R (1/9/97) [2-page document]

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