DHCR Properly Set Rent for Rent-Controlled Apartment

May 31, 2000

LVT Number: 14159

Tenant asked the DHCR to calculate the legal rent-controlled rent for her apartment. The DHCR ruled that the monthly legal rent was $375 as of 1983. Tenant appealed, claiming that the rent should be lower. The court ruled for tenant. The DHCR appealed and won. The DHCR's decision was reasonable. Tenant had rented the apartment from her father in 1946. For years, neither landlord nor tenant knew the apartment was even subject to rent control, a fact that the DHCR considered in setting the rent.

Tenant asked the DHCR to calculate the legal rent-controlled rent for her apartment. The DHCR ruled that the monthly legal rent was $375 as of 1983. Tenant appealed, claiming that the rent should be lower. The court ruled for tenant. The DHCR appealed and won. The DHCR's decision was reasonable. Tenant had rented the apartment from her father in 1946. For years, neither landlord nor tenant knew the apartment was even subject to rent control, a fact that the DHCR considered in setting the rent. Tenant herself had argued that the legal rent for the year in question should be $350, which was close to the rent set by the DHCR.

Santo v. DHCR: NYLJ, 5/8/00, p. 31, col. 1 (App. Div.2 Dept.; Thompson, JP, Luciano, Feuerstein, Schmidt, JJ)

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