Tenant Didn't Occupy Apartment Before June 30, 1971

July 31, 2005

LVT Number: 18261

Rent-stabilized tenant filed a request with the DHCR to determine her apartment's status. She claimed that her apartment was rent controlled because she moved into the apartment in 1971. The DRA ruled against tenant and found that the apartment was rent stabilized. The DRA also ruled that tenant's legal rent was $445 per month. Tenant appealed. The DHCR ruled for tenant in part. The building's C of O showed that the apartment was created after Feb. 1, 1947, as a result of conversion of the building from Class B to Class A multiple dwelling.

Rent-stabilized tenant filed a request with the DHCR to determine her apartment's status. She claimed that her apartment was rent controlled because she moved into the apartment in 1971. The DRA ruled against tenant and found that the apartment was rent stabilized. The DRA also ruled that tenant's legal rent was $445 per month. Tenant appealed. The DHCR ruled for tenant in part. The building's C of O showed that the apartment was created after Feb. 1, 1947, as a result of conversion of the building from Class B to Class A multiple dwelling. This decontrolled the building, and it was never re-controlled. But the DRA incorrectly set tenant's legal rent. It was $330 per month, not $445.

Walker: DHCR Adm. Rev. Dckt. No. SI220036RT (6/3/05) [3-pg. doc.]

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