DHCR Determines That Apartment Not Subject to Rent Stabilization

Landlord asked the DHCR for a ruling on whether tenant's apartment was rent stabilized. The DRA ruled that the apartment wasn't subject to rent regulation. Tenant appealed, and the DHCR reversed the ruling and sent the case back to the DRA for further consideration. Landlord then filed an Article 78 court appeal, and the case was sent back to the DHCR for further consideration. The DRA again ruled that the apartment wasn't rent regulated. Tenant appealed again, and the DHCR held a hearing. The DHCR ruled against tenant, after incorporating the ALJ's findings into its decision. The decision was based on testimony from the owner, property manager, a Brooklyn Union Gas Company employee concerning utility records, and a contractor who performed work at the building. The DHCR found that tenant's apartment wasn't subject to rent stabilization.

Orlic: DHCR Adm. Rev. Docket No. CS220032RT (8/17/22)[2-pg. document]