Super Became Rent-Stabilized Tenant When Employment Ended

Tenant asked the DHCR to rule on whether he was rent stabilized. The DRA ruled for tenant, finding that the apartment was rent stabilized and that the legal rent was $400 per month. Landlord appealed and lost. The building was rent stabilized. Tenant previously was the building super, until August 2015. He then became the apartment's rent-stabilized tenant. A prior DHCR order denying tenant's rent overcharge complaint and finding tenant exempt from rent stabilization didn't bar this determination because tenant was no longer the super. And, since landlord charged tenant $400 per month after his employment ended, this became the legal rent.

Khan: DHCR Adm. Rev. Docket No. GM110012RO (12/19/19) [13-pg. doc.]