Landlord Didn't Prove that Building Was Rooming House

Tenant complained of a rent overcharge and claimed that landlord didn't give him a lease. Landlord answered that the building was a single-room occupancy rooming house and that no leases were required. An inspection showed that all but two of the building's eight units were self-contained apartments with private bathrooms and kitchens. The DRA ruled for tenant, finding that the building was a Class A multiple dwelling on the May 31, 1968, base date. Because landlord didn't submit a full rent history, the DRA found that tenant had been overcharged. Landlord appealed, claiming that the building was a Class B rooming house and therefore wasn't subject to rent stabilization before July 1981. The DHCR ruled against landlord. Since six of the eight units in landlord's building contained private bathrooms, the building qualified as a Class A multiple dwelling. Landlord was required to submit a rent history back to June 30, 1974, which he hadn't done.

Hornung & Gobers: DHCR Admin. Rev. Dckt. No. CA410041RO (4/16/96) [4-page document]