Landlord Can't Rent Apartment as Nonprimary Residence

Tenant complained of a rent overcharge. Landlord claimed that tenant rented the rent-stabilized apartment as a nonprimary residence and so was exempt from rent regulation. The DRA ruled for tenant. Landlord appealed and lost. Under the rent stabilization code, a prospective tenant can't give up the benefits of rent stabilization, and a potential tenant can't be forced to agree not to use an apartment as his primary residence. In this case, tenant claimed that landlord made him sign an agreement that he primarily resided in Pennsylvania. But tenant paid New York City residence taxes from the time he moved into the apartment. And landlord's broker testified that he told tenant he would be signing a nonprimary lease.

Goldman: DHCR Adm. Rev. Dckt. No. NI410025RP (2/11/00) [5-pg. doc.]