Super Paid Lower Rent

February 1, 2001

LVT Number: 14697

Tenant moved into a rent-stabilized apartment in 1980 under a one-year lease for $240 per month. Before tenant's lease expired, landlord hired tenant to be the building super. Without a written agreement, landlord paid tenant $300 per month, kept tenant's rent at $240 per month without increase, and registered the apartment annually as ``temporarily exempt.'' Tenant's employment ended some years later. Landlord asked the DHCR what legal rent it could charge tenant. In an opinion letter, the DHCR stated that landlord could charge tenant $240 per month.

Tenant moved into a rent-stabilized apartment in 1980 under a one-year lease for $240 per month. Before tenant's lease expired, landlord hired tenant to be the building super. Without a written agreement, landlord paid tenant $300 per month, kept tenant's rent at $240 per month without increase, and registered the apartment annually as ``temporarily exempt.'' Tenant's employment ended some years later. Landlord asked the DHCR what legal rent it could charge tenant. In an opinion letter, the DHCR stated that landlord could charge tenant $240 per month. Then, when tenant's lease is renewed, landlord can charge guidelines and other lawful increases.

DHCR Opin. Ltr. by Charles Goldstein (10/6/00) [3-pg. doc.]

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