Landlord Can Charge First Rent for Former Super's Apartment

March 1, 2001

LVT Number: 14806

New landlord asked the DHCR what rent he could charge for an apartment that had been occupied by the building superintendent for the past 10 years until the super moved out. During this time, the apartment had been registered as ``temporarily exempt.'' The super didn't pay rent. In an opinion letter, the DHCR stated that the Rent Stabilization Law, as amended by the Rent Regulation Reform Act of 1997, barred examination of rent history prior to four years before an overcharge complaint was filed.

New landlord asked the DHCR what rent he could charge for an apartment that had been occupied by the building superintendent for the past 10 years until the super moved out. During this time, the apartment had been registered as ``temporarily exempt.'' The super didn't pay rent. In an opinion letter, the DHCR stated that the Rent Stabilization Law, as amended by the Rent Regulation Reform Act of 1997, barred examination of rent history prior to four years before an overcharge complaint was filed. Since the apartment was exempt from stabilization four years ago, there is no base rent and landlord can set a first rent for the next tenant.

DHCR Opin. Ltr. by Charles Goldstein (2/17/00) [2-pg. doc.]

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