Long-Term Tenant Proves She's Rent Controlled

Tenant living in a three-apartment building claimed that she was rent controlled because she had lived there since 1969. The DRA ruled against tenant. The DRA found that tenant was exempt from rent control under Regulation Section 2200.2(f)(11) because the apartment was continuously owner occupied after April 1, 1953, for a period of one year prior to the date of renting to tenant. Tenant appealed and won. The DRA’s ruling was based on information contained in the DHCR’s rent registration records, not on any claim by landlord. And landlord’s filing of a Decontrol Report, by itself, didn’t prove deregulation. Tenant also claimed that she never received a copy of the report. Tenant submitted credible proof that she had lived in the apartment since before June 30, 1971. The DHCR further set the maximum collectible rent (MCR) at $500 per month, which was the amount of rent tenant was paying in 2012. Landlord must enter the MBR system to collect further rent increases. 

Otero: DHCR Adm. Rev. Docket No. DP220003RP (6/23/15) [4-pg. doc.]