Employee's Apartment Exempt

Hotel-stabilized tenant complained of a rent overcharge. The DRA ruled against tenant, and she appealed. Tenant became landlord's employee six months after she moved in and remained its employee for several years. Even though she didn't pay rent to landlord during this time, she claimed that the ''rent'' was part of her salary. The DHCR ruled against tenant. Tenant's apartment was exempt from rent stabilization during the time that she was landlord's employee, because she didn't pay rent. There was no overcharge during this time. The DHCR deemed leases for the exemption period to calculate tenant's lawful rent after her employment ended, and there was no rent overcharge.

Beacway Operating LLC: DHCR Adm. Rev. Dckt. No. NL440019RP (4/13/00) [3-pg. doc.]