Apartment Previously Used for Professional Purposes

Tenant complained of a rent overcharge. The DRA ruled against tenant. The DRA found that the apartment was used for professional purposes and registered as professional on April 1, 1984. So the initial rent of $1,870 charged to tenant on May 15, 1990, was the legal regulated rent and there was no overcharge. Tenant appealed and lost. Landlord submitted substantial proof that the prior tenant used the apartment for commercial purposes under commercial leases from 1979 through 1985. Prior tenant never objected to the initial 1984 rent registration. The fact that the building's C of O didn't provide for commercial use didn't change the DHCR's finding. Also, the apartment was vacant from 1985 until it was rented to tenant in 1990. Under the rent stabilization code provision for ''consideration of all factors bearing on the equities involved,'' it was only fair to consider tenant's 1990 rent the legal regulated rent.

Wahlstedt: DHCR Adm. Rev. Dckt. No. KF410051RT (9/25/97) [3-page document]