Landlord Proved Date of First Stabilized Lease

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord) Tenant complained of a rent overcharge. The DRA requested a rent history dating back to April 1, 1980. Landlord submitted leases going back only to July 1, 1980. Landlord claimed the apartment was rent-controlled before this date. The DRA ruled for tenant, finding that landlord didn't submit a full rent history. Landlord appealed. The DHCR's records showed the apartment was rent-controlled until at least 1979. Landlord claimed that between April and June 1980, it was deciding which of several tenants to rent the apartment to. The apartment was vacant until July 1, 1980. The DHCR ruled for landlord. Landlord's claim was believable; the first stabilized lease date was July 1, 1980.

Phipps Houses Services: DHCR Adm. Rev. Dckt. No. FK 510228-RO (1/6/94) [6-page document]