Did Building Super Occupy Apartment on Base Date?

Tenant complained of a rent overcharge. Landlord claimed that the former building super lived in tenant's apartment on the base rent date, four years before tenant filed his complaint. Since the super paid no rent, the base rent was the next rent paid by tenant when he moved in. The DRA ruled for landlord and found no overcharge. Tenant appealed, claiming that the super didn't live in his apartment, which was number B4. The DHCR reopened the case and sent it back to the DRA for a hearing to determine the facts. Landlord had submitted a sworn statement from a real estate broker who was involved in the sale of the building to landlord. He said that the former super lived in apartment BB3, which was now known as apartment B4. But the former super submitted a sworn statement saying that he lived in apartment BB3 from 1994 to 2003. He also stated that the basement contained three other apartments, numbered B1, B2, and B4. So there was a question as to whether the super lived in the same apartment or a different one.

660 West 180th Street: DHCR Adm. Rev. Docket No. WJ410009RT (3/11/09) [3-pg. doc.]