Tenant Asked by Landlord to Relocate Remains Rent Stabilized

Tenant asked the DHCR to rule on her rent-stabilization status. Tenant claimed that she lived in landlord's rent-stabilized building. All five of the other apartments became vacant. At landlord's request, she moved temporarily to an apartment in a two-family dwelling also owned by landlord. Landlord said she would continue to be rent stabilized and would be returned to her original apartment when renovations were completed. Landlord denied tenant's claim. The DRA ruled for tenant, finding that she remained rent stabilized in the new apartment. Landlord appealed and lost. Landlord claimed that tenant asked to move because she felt unsafe in the otherwise vacant building. The move was made for tenant's convenience, not landlord's. Landlord said it wasn't obligated to treat tenant as rent stabilized in the new apartment. But even if landlord's claim was accurate, landlord didn't prove that tenant was fully aware of the effect of relocation on her rent-stabilized status. Without a negotiated settlement agreement, tenant couldn't waive any rights she had under the law.

Abdo: DHCR Adm. Rev. Docket No. YH220047RO (10/7/11) [3-pg. doc.]