Landlord Claims Tenant Is Rent Stabilized

March 1, 2002

LVT Number: 15652

The DHCR ruled that tenant's apartment was rent controlled. Landlord appealed, claiming that tenant was rent stabilized. The court and appeals court ruled against landlord. The DHCR's decision was reasonably based on tenant's proof that he lived in the apartment continuously since before July 1, 1971. Landlord didn't submit any real proof that tenant somehow became rent stabilized.

The DHCR ruled that tenant's apartment was rent controlled. Landlord appealed, claiming that tenant was rent stabilized. The court and appeals court ruled against landlord. The DHCR's decision was reasonably based on tenant's proof that he lived in the apartment continuously since before July 1, 1971. Landlord didn't submit any real proof that tenant somehow became rent stabilized.

Posalski v. DHCR: NYLJ, 2/28/02, p. 18, col. 4 (App. Div.1 Dept.; Nardelli, JP, Saxe, Sullivan, Wallach, Friedman, JJ)

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