Landlord Created Rent-Stabilized Tenancy

Tenant complained of a rent overcharge. The DRA ruled for tenant and found there was a willful overcharge. Landlord appealed, claiming that tenant wasn't rent stabilized. The DHCR ruled against landlord. Tenant originally had lived on the second floor of the building and then moved from that apartment to a ''storefront'' on the first floor. Landlord gave tenant a rent-stabilized lease for that new unit. In these circumstances, given that there was no evidence of exclusive commercial use of the new unit, landlord created a rent-stabilized tenancy.

7 Dunham Pl. Realty, Inc.: DHCR Adm. Rev. Dckt. No. QJ210069RO (5/7/03) [4-pg. doc.]