Temporarily Decontrolled Building Becomes Rent Stabilized

December 1, 2010

LVT Number: #23065

Tenants of two apartments in landlord's building sought rent-control status. They pointed out that the apartments were temporarily decontrolled in 1957 by an order stating that decontrol would be in effect only as long as the newly created apartments were rented for single-family occupancy. But the apartments became rent stabilized under the ETPA of 1974, which applied to all units that were previously or thereafter decontrolled, not subject to control, or exempted from regulation under existing rent-control laws.

Tenants of two apartments in landlord's building sought rent-control status. They pointed out that the apartments were temporarily decontrolled in 1957 by an order stating that decontrol would be in effect only as long as the newly created apartments were rented for single-family occupancy. But the apartments became rent stabilized under the ETPA of 1974, which applied to all units that were previously or thereafter decontrolled, not subject to control, or exempted from regulation under existing rent-control laws. The ETPA clearly declared the legislature's intent that rent stabilization should supersede preexisting exemptions and remove the temporarily decontrolled apartments from rent-control coverage.

Sandow v. DHCR: NYLJ, 11/22/10, p. 20, col. 1 (App. Div. 1 Dept.; Tom, JP, Andrias, Nardelli, Acosta, DeGrasse, JJ)

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