Former Super Became Rent Stabilized, Not Rent Controlled

Landlord gave former building super a rent-stabilized lease for her apartment after she was fired from her superintendent job. Tenant complained to the DHCR, claiming that she was rent controlled. Tenant said that her family had lived in the building since 1934. In 1967, tenant's father moved from one apartment to another with his wife and daughters, paid rent-controlled rent for a few months and then became the building super. He remained the super and rent-free until his death in 2000. Tenant then became the super until 2006. The DRA ruled against tenant, finding that she was rent stabilized.
Tenant appealed and lost. There were no DHCR records indicating that tenant's father was rent controlled. Tenant also presented no proof that her father ever paid rent for the apartment he moved into in 1967. So it would be inappropriate for the DHCR to otherwise try to investigate what the facts were in 1967, over 40 years ago. Tenant's father also had accepted rent-stabilized leases from landlord beginning in 1996.

Spinelli: DHCR Adm. Rev. Docket No. XE420044RT (7/8/09) [6-pg. doc.]