Landlord Waited Too Long to Challenge Rent-Control Status

Landlord asked the DHCR for a ruling that tenant was rent stabilized, not rent controlled. Landlord bought the building in 1985. At the time, prior landlord told landlord that tenant was rent controlled. But landlord had later reviewed agency records predating July 1, 1971, as well as Landlord's Order of Maximum Rent dated May 25, 1972. These records listed someone else as the rent-controlled tenant. Tenant, who was 79 years old, claimed that she lived in the apartment since 1968. She submitted some HPD records from that period listing her as a building resident, under her maiden name. Landlord claimed that the rent agency records showed tenant living in a different apartment. The DRA ruled against landlord. Landlord appealed and lost. Landlord waited more than 20 years to claim that tenant wasn't rent controlled. In some other cases, including an appellate court case, tenants had been barred from claiming rent-control status, because they had waited many years to do so. The same rule would be applied to landlord in this case. In addition, tenant submitted sufficient proof that she lived in the apartment since before July 1, 1971. And even if tenant had moved from one apartment to another, she may have kept her rent-control status if she had moved at prior landlord's request.

Chong King Enterprise, Inc.: DHCR Adm. Rev. Docket No. VE420022RO (11/15/07)[3-pg. doc.]