Statutory Decontrol Report Filed 34 Years Ago

Tenant complained of a rent overcharge and challenged his status as a rent-stabilized tenant. Landlord had sent tenant a renewal lease that no longer provided for a preferential rent. The result was that tenant's rent increased from $447 to $855. Tenant now claimed that he was rent controlled. The DRA ruled against tenant and found that he was rent stabilized. Tenant appealed, claiming that he had lived in the apartment since 1938. The DHCR ruled against tenant. Prior landlord filed a report of statutory decontrol in 1973, stating that the apartment had become vacant on or after June 30, 1971. Landlord also registered the apartment as rent stabilized since 1984. And tenant had signed a number of rent-stabilized renewal leases, for at least 12 years. Tenant waited too long to claim rent-control status. It would be unfair to make landlord prove the facts after 34 years.

Barrafato: DHCR Adm. Rev. Docket No. WB220019RT (4/15/08) [2-pg. doc.]