No Proof Tenant Was Employee

Tenant complained that landlord refused to give him a lease. Landlord argued that tenant was an employee who paid no rent, so the apartment was exempt from rent stabilization. The DRA ruled for tenant. Landlord appealed and lost. Landlord submitted no records or other proof to support its claim that tenant was an employee. Tenant also denied being landlord's employee, and claimed landlord instructed him to pay cash. Landlord also was inconsistent as to what tenant's job was. At one point, landlord claimed that tenant was hired to tell landlord which other tenants were considering moving, so landlord could offer buyouts. Later landlord claimed that tenant was supposed to determine which other tenants weren't actually living in the building or were committing lease violations. Landlord's claims weren't believable.

M&E Christopher LLC: DHCR Adm. Rev. Dckt. No. SF410032RO (1/14/05) [3-pg. doc.]