Former Super Paid Rent

Former building super moved into an apartment in 1987. Landlord charged her $300 per month in rent and gave her a rent-stabilized lease. Landlord also gave tenant rent-stabilized renewal leases but never raised the rent. Landlord registered the super's apartment as employee exempt. After super's employment was terminated, landlord asked the DHCR if super was rent stabilized. In an opinion letter, the DHCR said yes. Under the Rent Stabilization Code, supers' apartments are exempt from rent stabilization only if the super doesn't pay rent. Since landlord's super paid rent, the apartment wasn't exempt, and landlord's rent registrations were in error.

DHCR Opin. Ltr. by Charles Goldstein (1/29/03) [2-pg. doc.]