Tenant Occupied Part of Landlord's Apartment

Rent-controlled tenant complained of a rent overcharge. Landlord claimed that tenant wasn't subject to rent control. The DRA ruled for tenant, and landlord appealed. The DHCR ruled against landlord. Tenant lived in a separate portion of prior landlord's five-room apartment since 1960. Prior landlord had lived in the apartment from at least 1960 until her death in 1985. Rent control regulations provided that a non-housekeeping furnished housing accommodation located within a single dwelling unit and occupied by no more than two rent-paying tenants who weren't members of landlord's immediate family weren't subject to rent control for as long as the remaining portion of the unit was occupied by landlord or his immediate family. Since tenant continued to occupy a portion of the apartment after landlord's death, he became subject to rent control when landlord died.

Charitou: DHCR Adm. Rev. Dckt. No. BK110116RO (1/21/97) [3-page document]