Tenant Not Entitled to Rooming House Renewal Increase

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord
.) Tenant complained that landlord offered an improper renewal lease. He claimed that he was an SRO tenant entitled to renewal based on rooming house guidelines increases. He said that landlord improperly offered an apartment lease at rent-stabilized guidelines increases. The DRA ruled for tenant and directed landlord to issue a corrected renewal lease by applying rooming house guidelines increases. Landlord appealed, pointing out that the DRA had issued a prior order directing landlord to offer tenant a renewal lease based on the legal regulated rent set in the prior renewal lease, which was an apartment lease. Tenant's prior leases weren't based on rooming house guidelines. The DHCR ruled for landlord. Landlord had complied with the DRA's prior order by offering tenant a rent-stabilized renewal lease based on apartment rent guidelines. The DRA also erred in finding that the building was a Class B rooming house. In a prior rent overcharge case between landlord and tenant, the DHCR found that the building was a combined class A and SRO apartment house that was never classified as a hotel or class B building. The temporary C of O for the building issued by DOB in 2001 also indicated that the building consisted of 30 class A apartments and 22 SRO rooming units. While the building contained some SRO units, it wasn't an SRO building. So apartment guidelines were applicable and landlord offered tenant a proper renewal lease.

Clinton Housing Development Co.: DHCR Adm. Rev. Docket No. VJ410034RO (3/31/08) [3-pg. doc.]