Tenant Is Rent Controlled

Landlord asked the DHCR to decide whether tenant was rent controlled. The building contained two apartments on the second floor and a bakery on the first floor. Landlord claimed that since there were only two apartments, rent control didn't apply. The DRA ruled against landlord. Landlord appealed and lost. Section 2200.2(f)(12) of the rent-control regulations states that apartments in one- and two-family houses that became vacant on or after April 1, 1953, were decontrolled. But established DHCR policy applies this regulation only when the building is used just for residential purposes. Since there was a commercial unit on the first floor, the building didn't qualify as a two-family dwelling.

Mansoura: DHCR Adm. Rev. Dckt. No. TA220018RO (1/27/06) [3-pg. doc.)