Subtenant of Private School Not Covered

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that his apartment wasn't subject to rent regulation. Tenant appealed and lost. Tenant actually was a subtenant of an apartment rented by The Dalton School. Tenant occupied the apartment contingent upon his affiliation with the school. Under the Rent Stabilization Code, an apartment operated exclusively by a non-profit educational institution is exempt from rent stabilization. Although tenant claimed that Dalton received no government funding, this didn't bar the school from qualifying as an exempt educational institution under the Code.

Hervas: DHCR Adm. Rev. Dckt. No. TB410041RT (3/31/05) [2-pg. doc.]