Apartment Was Vacancy-Decontrolled

Landlord filed a report of statutory decontrol after buying a building. Tenant challenged landlord's report, claiming he'd lived in the apartment since December 1965. The DRA voided new landlord's vacancy decontrol report, but found that the apartment was rent stabilized. The apartment had been decontrolled by owner occupancy in 1957; the prior owner had filed a report of statutory decontrol at that time. Tenant appealed, and the DHCR dismissed tenant's PAR. When the 1957 owner-occupant sold the building, she remained in the apartment as a tenant of the next owner. When a building is sold and the prior owner occupies an apartment there, the DHCR treats that apartment as if it was vacated. So, the apartment became decontrolled in 1957 when the prior owner sold the building.

Cabral: DHCR Adm. Rev. Dckt. No. CC 110421-RT (3/17/93) [2-page document]