Tenant in HDFC Co-op Building Remains Rent Stabilized

Tenant complained of rent overcharge. Landlord argued that tenant wasn't subject to rent stabilization. The DRA ruled for tenant. Landlord appealed and lost. Landlord pointed out that the HDFC had acquired the building from the City of New York in 1995. The building then was converted to cooperative ownership under an eviction plan. But tenant lived in the apartment as a rent-stabilized tenant before the co-op conversion. And the conversion plan stated that all nonpurchasing tenants would be offered rent-stabilized leases, and may be subject to eviction after one or two years. Landlord continued to offer tenant rent-stabilized renewal leases for 17 years before tenant filed her overcharge complaint. The plan didn't indicate that tenants automatically forgo their rent-stabilized protection if they stayed beyond their initial lease term or weren't otherwise evicted. 

850 Southern Blvd., HDFC: DHCR Adm. Rev. Docket No. AP610036RO (7/18/14) [3-pg. doc.]