Landlord Didn't Prove Owner Occupancy Decontrol

LVT Number: 6795

Tenant complained of a rent overcharge. Landlord answered that tenant's apartment had been owner-occupied from 1972 until 1986, the year tenant moved in. Landlord submitted no proof of owner occupancy, so the DRA ruled for tenant. Landlord appealed, and the DHCR denied landlord's PAR. Landlord didn't prove its claim that the apartment was owner-occupied prior to tenant's occupancy. DHCR records also showed that landlord filed for rent control MBR increases during that period using only its current address in upstate New York as landlord's address.

Tenant complained of a rent overcharge. Landlord answered that tenant's apartment had been owner-occupied from 1972 until 1986, the year tenant moved in. Landlord submitted no proof of owner occupancy, so the DRA ruled for tenant. Landlord appealed, and the DHCR denied landlord's PAR. Landlord didn't prove its claim that the apartment was owner-occupied prior to tenant's occupancy. DHCR records also showed that landlord filed for rent control MBR increases during that period using only its current address in upstate New York as landlord's address. Con Edison bills for the apartment during this period were also addressed to landlord at the upstate address. Landlord also didn't prove the apartment was registered in 1985

[2750 Morris Avenue, Apt. 4: DHCR Adm. Rev. Dckt. No. GA 610047-RO (12/24/92)]. 5-page document.

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