Post-Conversion Tenant in Co-op Building Isn't Rent Stabilized

LVT Number: #23949

Tenant complained to the DHCR of a rent overcharge. The DRA dismissed the complaint, finding that tenant wasn't rent stabilized. Tenant appealed and lost. In 1991, sometime after the building was converted to cooperative ownership, prior tenant moved out of the apartment. At that point, the apartment was no longer subject to rent stabilization. Tenant claimed that landlord told her she was rent stabilized. Landlord also had registered her as rent stabilized with the DHCR. But that didn't matter.

Tenant complained to the DHCR of a rent overcharge. The DRA dismissed the complaint, finding that tenant wasn't rent stabilized. Tenant appealed and lost. In 1991, sometime after the building was converted to cooperative ownership, prior tenant moved out of the apartment. At that point, the apartment was no longer subject to rent stabilization. Tenant claimed that landlord told her she was rent stabilized. Landlord also had registered her as rent stabilized with the DHCR. But that didn't matter. By law, the apartment was deregulated when the tenant in occupancy at the time of the co-op conversion vacated.

Baah: DHCR Adm. Rev. Docket No. ZH610014RT (1/20/12) [2-pg. doc.]

Downloads

ZH610014RT.pdf49.37 KB