Owner-Occupied Apartment Decontrolled

Tenant complained of a rent overcharge, claiming that he was rent-controlled. Landlord pointed out that the building was a three-family house and tenant's apartment had been decontrolled in 1963 due to owner occupancy. Tenant moved into the apartment in 1968. The DRA ruled against tenant, finding that the apartment wasn't subject to rent control. Tenant appealed, claiming that another apartment in the building had already been decontrolled based on owner occupancy. So rent control regulations barred landlord from decontrolling a second apartment based on owner occupancy. The DHCR ruled against tenant. A decontrol report had been issued for the other apartment in 1966. But landlord still rented the other apartment as if it were rent-controlled. Even if the other apartment had been owner occupied, landlord apparently chose to waive decontrol for it. So it could decontrol tenant's apartment.

McAllister: DHCR Adm. Rev. Dckt. No. KC220014RT (11/7/96) [3-page document]