Tenant Never Received 1978 Decontrol Order

Landlord asked the DHCR to determine tenant's rent regulatory status. Prior landlord had treated tenant as rent controlled. But in 1978, the city rent control agency had ruled that the apartment was decontrolled due to owner occupancy prior to tenant's occupancy. This order reversed a prior 1976 order that had determined that tenant was rent controlled. The DRA ruled for landlord. Tenant appealed, claiming that he never received the 1978 decontrol order. Plus, prior landlord and landlord had continued to treat him as rent controlled.
The DHCR reversed its prior decision and ruled for tenant. The DHCR set tenant's MCR at $550 per month. Landlord then appealed to the court, which sent the case back to the DHCR for reconsideration. The DHCR again ruled for tenant. The case was unusual. Tenant had lived in the apartment since 1968, landlords continued to treat tenant as rent controlled after the 1978 order, and prior landlord continued to collect monthly rent of $112 per month for many years. Tenant's claim that he never received the 1978 order was believable under the circumstances. The DHCR ruled that tenant remained rent controlled and set his current MCR at $490.

Huerta/Sills: DHCR Adm. Rev. Docket No. VH120001RP (6/12/08) [5-pg. doc.]