Apartment Was Owner-Occupied on Base Date

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that in 1999, the legal rent for the apartment was $572. When tenant moved into the apartment in 2005, landlord charged her $1,150 per month and didn't give her a lease. But between 2000 and 2005, the apartment was registered with the DHCR as owner-occupied, and landlord showed sufficient proof of this. Since the apartment was owner-occupied on the August 2004 base date, four years before tenant filed her complaint, it was temporarily exempt at that time and the next rent charged was the legal regulated rent. Although tenant wasn't given a lease at first, she paid $1,150 for three years without a rent increase. And landlord was entitled to a 4.5 percent rent increase when tenant received a lease in 2008. There was no overcharge.

Letowska: DHCR Adm. Rev. Docket No. XH210034RT (11/21/09) [3-pg. doc.]