Occupant Was Part Owner of Building

(Decision submitted by Karen Schwartz-Sidrane of the Queens law firm of Horing & Welikson, attorneys for the landlord.) Landlord filed a report of statutory decontrol with the DHCR, claiming that tenant's apartment had been decontrolled when she became part owner of the building. The DRA ruled that landlord's report was invalid, and landlord appealed. Tenant had been rent-controlled when her mother had owned the building. When her mother died, she left tenant a part interest in the building. Within two years, tenant sold her interest to her brother and again became a tenant. Tenant claimed that she regained her rent-controlled status when she did this, but the DHCR disagreed. When tenant became a part owner of the building, she became decontrolled. Since the building contained less than six apartments, tenant didn't become subject to rent stabilization when she sold her interest. Landlord, tenant's brother, lawfully increased tenant's monthly rent from $250 to $500.

[Perlstein: DHCR Adm. Rev. Dckt. Nos. EF 220212-RO, FG 220278-RO (8/28/92)]. 7-page document.