Apartment Previously Occupied by Super

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) First rent-stabilized tenant of apartment filed a fair market rent appeal. The DRA ruled for tenant and landlord appealed. Landlord pointed out that the prior rent-controlled tenant had moved out in 1972. The building superintendent then lived in the apartment until 1982, when tenant moved in. The DHCR ruled for landlord. Since vacancy decontrol of the apartment occurred during a period of statutory deregulation, the apartment wasn't subject to a fair market rent appeal. When the apartment became rent-stabilized in 1982, landlord could set a free market rent, subject thereafter to lawful rent stabilization increases.

Limbo Co./Migdol Realty Mgmt., Inc./Hannay: DHCR Adm. Rev. Dckt. Nos. EB410013RO, EB410055RT (9/20/96) [2-page document]