Tenant in Co-op Building Remains Rent Stabilized

Tenant asked the DHCR to determine her status, claiming that she was rent stabilized. Landlord claimed that the building was converted to cooperative ownership in 1985 and that tenant wasn't regulated. The DRA ruled for tenant. Landlord appealed and lost. Tenant moved into the apartment with her grandparent tenants in 1972. Tenant's mother took over the lease in 1981. The building was converted to a co-op in 1985, and the apartment shares were sold to a nonresident. The offering plan gave all then-present nonpurchasing tenants rent stabilization protection as long as they received renewal leases. Although tenant's mother, who was the present tenant at the time of the conversion, died in 1991, landlord continued to renew the lease in tenant's name for 18 years, and accepted at least 70 rent payments from her. Landlord therefore accepted tenant as a rent-stabilized successor tenant. Although landlord now claimed that tenant didn't live in the apartment for the two years prior to her mother's death in 1991, this evidence wasn't presented to the DRA and can't be considered for the first time on appeal.

90-102 Hamilton Place HDFC: DHCR Adm. Rev. Docket No. XI420028R) (11/23/11) [8-pg. doc.]