Illegal Unit Covered

Tenant complained of a rent overcharge. Landlord claimed that tenant's apartment was illegal, so tenant wasn't rent stabilized. The DRA ruled for tenant. Landlord appealed and lost. The fact that the building's C of O designated tenant's apartment as professional office space didn't prevent the apartment from being deemed rent stabilized, since it was occupied by a residential tenant. The DRA correctly found an overcharge but only because landlord hadn't registered the apartment and the rent was frozen until such time as registration was completed.

Gigante: DHCR Admin. Rev. Dckt. No. PD610010RO (12/4/01) [4-pg. doc.]