Super Occupied Apartment Wasn't Temporarily Exempt

Facts: Tenant complained of a rent overcharge. He was the building super since 1983. Tenant claimed that prior landlord paid him $220 per month. Of that amount $155 was apportioned as rent for super's apartment. Tenant received a check for the remaining $65. Tenant's W-2 forms supported this claim. When new landlord bought the building, in 2001, he gave tenant a lease at $1,100 per month. Landlord claimed that tenant had received a salary of $220 per month and a free apartment from prior landlord. Rent registration records listed the apartment as temporarily exempt for more than four years. The DRA ruled for landlord and dismissed tenant's complaint. Tenant appealed. DHCR: Tenant wins. Tenant's W-2 forms proved that he didn't have a free apartment. Tenant's monthly rent of $155 was deducted from his monthly salary, and a separate check for $65 per month was issued to tenant. So the legal rent on the base date was $155 and tenant remained a month-to-month tenant until he signed a lease with new landlord for $1,100 per month. Landlord was ordered to refund $22,775 to tenant, including interest.

Lee: DHCR Adm. Rev. Dckt. No. SG410123RT (9/17/04) [4-pg. doc.]