Tenant in Building Under Receivership Is Rent Stabilized

Tenant asked the DHCR for an administrative determination of his rent-regulated status and legal regulated rent. The building was currently in receivership and the receiver had sued to evict tenant in housing court for nonpayment. Tenant claimed that the rent registered with the DHCR was false and invalid. He said he moved into the apartment in 2002 and had paid the same monthly rent to prior and subsequent landlords. He also said that landlords refused to give him any renewal lease despite his requests. The DRA ruled for tenant, and found that the legal regulated rent was $300 per month. Landlord appealed and lost. Landlord submitted a copy of its nonpayment petition, which stated that the apartment was rent stabilized. Tenant also submitted numerous rent receipts signed by prior landlord. Landlord never contradicted tenant's claim that he wasn't given a renewal lease. Landlord now claimed that tenant was a subtenant but didn't raise this issue before the DRA. Landlord also claimed that the matter had been settled with tenant but submitted no signed settlement agreement, and a letter signed by tenant wasn't on his attorney's letterhead. 

5 4th Place FT, LLC: Admin. Rev. Docket No. BP210059RO (10/22/14) [4-pg. doc.]