Decontrolled Apartment Not Subject to Stabilization

Tenant complained that she should be subject to some form of rent regulation. She'd lived in her apartment since August 1965. The building contained five apartments. In response, landlord submitted a decontrol order showing that the whole building was decontrolled in 1952, based on renovations that increased the number of apartments. The DRA ruled that the apartment wasn't rent controlled. The DRA also placed an ``X'' next to form language in the order, stating: ``the housing accommodation is subject to the Code as of the date of occupancy.'' Landlord didn't appeal this ruling, but wrote a letter to the DRA a few months later, requesting clarification. The DRA then issued an amended order stating that tenant's apartment wasn't subject to rent stabilization. Tenant appealed, claiming that the DRA's second order was improper because landlord had never appealed the first order. The DHCR ruled against tenant. The building contained less than six apartments, so it wasn't subject to rent stabilization. Since the building wasn't subject to rent control or rent stabilization, the DHCR had no jurisdiction over it. So, it didn't matter if landlord never filed a PAR challenging the first DRA order.

Tobias: DHCR Adm. Rev. Dckt. No. EL 420121-RT (9/15/93) [5-page document]