Co-op Tenant Mistakenly Given Rent-Stabilized Lease

(Decision submitted by Eileen O'Toole of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Tenant complained that landlord didn't offer her a rent-stabilized renewal lease. She had been given one in the past. Landlord claimed that this was a mistake. Tenant moved into the building after conversion to a co-op. The DRA ruled against tenant. Tenant appealed and lost. By law, tenant wasn't rent stabilized. The fact that landlord mistakenly gave her a rent-stabilized lease in the past didn't mean she became rent stabilized or that landlord had to continue doing so.

Neary: DHCR Admin. Rev. Dckt. No. OG210022RT (1/11/02) [2-pg. doc.]