Tenant Never Vacated Apartment

Facts: Landlord bought a building in 1986. Tenant claimed she was rent-controlled, even though she'd been signing rent-stabilized leases since at least 1973. At a hearing before the DRA, tenant submitted proof that she'd lived in the apartment since 1964 even though prior landlord had filed a report of statutory decontrol stating that tenant had moved out in 1972. Landlord argued that tenant's claim was time-barred because tenant had never filed an objection to the initial 1984 rent registration. Tenant also occupied two adjoining apartments, and landlord argued that the second, newer rental couldn't be subject to rent control. The DRA ruled for tenant, and landlord appealed. DHCR: Landlord loses. Decontrol occurs when a rent-controlled apartment becomes vacant on or after June 30, 1971. Tenant showed that she'd moved into the apartment in 1964 under a two-year lease. She'd lived in the building since 1960. Prior landlord's report of statutory decontrol was merely a filing and could be challenged at any time by tenant. Tenant also showed that she'd maintained gas and electricity service at the apartment since 1964. And even if tenant was temporarily absent from the apartment, that didn't result in decontrol. Also, although prior landlord had made an opening in the wall joining tenant's apartment with an adjoining apartment, this construction didn't result in decontrol. And prior landlord continued to treat the two apartments as separate units, registering them separately and charging separate rents.

Ga-We-Lu Realty Corp.: DHCR Adm. Rev. Dckt. No. EF220213RO (6/10/98) [5-page document]