No Rent Overcharge Occurred While Tenant Was Building Super and Paid No Rent

Tenant complained to the DHCR in 2016 of rent overcharge. He claimed that he moved into the apartment in 1984, was rent stabilized until 2003 when he became the building superintendent, then paid no rent and had no lease until his employment ended in 2015. After that, landlord gave him a renewal lease at a rent tenant claimed was higher than the legal rent. Tenant argued that his rent should be frozen based on service/rent reduction orders issued by the DHCR.

The DRA ruled against tenant. On the 2012 base rent date applicable to tenant's overcharge complaint, tenant was the super and paid no rent. He was temporarily exempt from rent stabilization. So any service/rent reduction order in effect in the building had no effect on his apartment.

Colon: DHCR Adm. Rev. Docket No. MS210003RT (12/4/24)[3-pg. document]