Apartment Wasn't Vacancy Decontrolled

Tenant asked the DRA to determine his rent control status. The DRA held a hearing and found that tenant had lived in the apartment prior to July 1, 1971. So tenant's apartment was rent-controlled. Landlord appealed, claiming that tenant hadn't proved he was in the apartment before the July 1, 1971 base date. Landlord claimed that tenant had moved in after a vacancy that occurred after July 1, 1971, and that the apartment had been vacancy decontrolled. The DHCR ruled against landlord. Tenant testified credibly before the DRA that he had lived in the apartment since January 1970. He explained the delay in opening utility accounts in his name at the apartment and showed a rent receipt from January 1970. Former landlord had never filed a report of statutory decontrol. Current landlord filed one in 1987. As late as 1984, prior landlord had applied for MBR rent increases for tenant's apartment.

Filipovich: DHCR Adm. Rev. Dckt. No. GB220217RO (11/27/98) [3-pg. doc.]