Landlord Can Set First Rent for Former Building Employee

Tenant complained of a rent overcharge. He moved into his apartment in 1976. Later, he became the building's super and lived in the apartment rent free. New landlord bought the building in January 2006 and no longer employed tenant as the building's super. Landlord began charging tenant $1,000 per month for rent. The DRA ruled against tenant. Tenant appealed and lost. Tenant lived in the apartment rent free as the super on the base date, four years before he filed his complaint. Since the apartment was temporarily exempt on the base date, landlord was free to set a first rent for tenant as the first rent-stabilized tenant to occupy the apartment after the exemption period was over.

Pickett: DHCR Adm. Rev. Docket No. UG210025RT 9/14/06 [3-pg. doc.]