Apartment Is Rent Controlled

Landlord asked the DHCR to decide whether tenant's apartment was rent controlled. Landlord claimed that it wasn't. The building was multiuse and built in 1922. Tenant didn't live there on March 31, 1953. The DRA ruled that tenant was rent controlled. Landlord appealed and lost. The building contained two apartments and one store unit. Tenant moved into the building before June 30, 1971, and lived there ever since. A section of the Rent Control regulation states that rent-controlled apartments in one- or two-family houses were deregulated if they became vacant on or after April 1, 1953. But this section applies only to buildings used exclusively for residential purposes. Landlord's building contained a store, so it was mixed use.

Grajos Realty Corp./O'Hare: DHCR Adm. Rev. Docket Nos. UC120047RO & UC120065RT (9/19/06) [6-pg. doc.]