Super Pays No Rent

Landlord signed a one-year lease with his building super, ending in 1998 at a preferential rent of $600. But landlord never collected rent from the super, and the lease was never renewed. The apartment was registered as employee-occupied exempt. Landlord asked the DHCR if he could sign a new lease with the super. In an opinion letter, the DHCR said that if the super never paid any rent, the apartment was temporarily exempt from rent stabilization as long as it was provided to the super as part of his compensation and he was employed for the purpose of providing services in the building. If the apartment has been temporarily exempt for four years or more, landlord may sign a lease agreement with the super to collect a first rent. But then the super will be considered a rent-stabilized tenant, and landlord shouldn't register the apartment as exempt anymore.

DHCR Opin. Ltr. by Charles Goldstein (12/27/01) [4-pg. doc.]