Landlord and Tenant Agreed Upon Rent

The DRA issued a ruling that tenant's apartment was rent controlled and that the maximum rent was $57.50 per month as of January 1953. Landlord appealed, pointing out that neither landlord nor tenant knew the apartment was rent controlled. Landlord agreed to a $500 rent in 1990, and there was no rent increase for 10 years. Landlord said that this should be the legal rent. The DHCR ruled for landlord. When there is uncertainty about whether an apartment is rent controlled and there are special circumstances, the DHCR has the authority to set the rent at the amount agreed to by landlord and tenant.

30-05 Broadway LLC: DHCR Admin. Rev. Dckt. No. OJ120147RO (10/26/01) [2-pg. doc.]