Tenant in Co-op Building Isn't Rent Stabilized

LVT Number: #20741

Tenant complained of a rent overcharge. Landlord claimed that tenant wasn't subject to rent stabilization. The DRA ruled for tenant. In a prior lease nonrenewal proceeding, the DRA had ruled that tenant had remained in the building after it was converted to cooperative ownership in 1994 and therefore was rent stabilized. Landlord appealed, pointing out that the prior DRA decision had been revoked by the DHCR. The DHCR ruled for landlord. In June 2008, the DHCR had revoked its prior ruling in the lease renewal case and found that tenant's apartment wasn't subject to rent stabilization.

Tenant complained of a rent overcharge. Landlord claimed that tenant wasn't subject to rent stabilization. The DRA ruled for tenant. In a prior lease nonrenewal proceeding, the DRA had ruled that tenant had remained in the building after it was converted to cooperative ownership in 1994 and therefore was rent stabilized. Landlord appealed, pointing out that the prior DRA decision had been revoked by the DHCR. The DHCR ruled for landlord. In June 2008, the DHCR had revoked its prior ruling in the lease renewal case and found that tenant's apartment wasn't subject to rent stabilization. Therefore, the finding of rent overcharge also must be revoked.

10-12 West 107th Street HDFC: DHCR Adm. Rev. Docket No. WE410057RO (7/3/08) [2-pg. doc.]

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