Tenant Remains Rent Controlled Despite 1978 Decontrol Order

In 2001, new landlord asked the DHCR to decide whether tenant was rent controlled. Landlord claimed that the apartment was deregulated by a 1978 DHCR decontrol order. The DRA and DHCR ruled for landlord. Tenant then filed an Article 78 appeal. He claimed that he never received the decontrol order and that prior landlord treated him as rent controlled. The DHCR reopened the case for reconsideration. The DRA then ruled that tenant was rent controlled. Tenant had lived in the apartment since 1968, prior landlord continuously treated him as rent controlled despite the 1978 decontrol order, prior landlord charged tenant $112 per month until 1999, and at that time notified new owner that tenant was rent controlled. The DRA set tenant’s rent at $550 per month. Landlord and tenant both appealed. The DHCR ruled for tenant and reduced the MCR to $160. Landlord then filed an Article 78 appeal, and the DHCR again agreed to reconsider the case. In 2008, the DHCR ruled again that tenant was rent controlled, but increased tenant’s rent to $490. Tenant then filed another Article 78 court appeal. The DHCR took the case back and ruled that the MCR should be $325, considering the unique and peculiar circumstances of the case.

Huerta/Sills: DHCR Adm. Rev. Docket No. XE120007RP (2/25/10) [6-pg. doc.]