Tenant Is Rent Controlled by Law Despite Years of Rent-Stabilized Leases

Tenant claimed that she was rent controlled and asked the DHCR for a ruling. Landlord, who bought the building in 1996, claimed that the apartment had long been registered as rent stabilized. The DRA ruled for tenant, and landlord appealed. Landlord pointed out that tenant and her father, the prior tenant, had signed rent-stabilized leases between 1984 and 2011, and were registered annually as rent stabilized. The DHCR ruled for landlord, finding that tenant waited too long to claim rent control status. Tenant then filed an Article 78 court appeal. The court sent the case back to DHCR for reconsideration.

The DHCR now ruled that tenant was rent controlled. What mattered was which law applied to the apartment and tenancy, not what the parties believed or agreed to. Tenant had moved into the apartment with her parents in 1966. The parent-tenants had moved out in 1996, and tenant succeeded as a remaining family member. As to the legal rent, the DHCR ruled that tenant should continue to pay her current rent of $475 per month as the maximum collectible rent, subject to future MBR/MCR increases, provided that landlord entered the MBR system.

546 Dean Street: DHCR Adm. Rev. Docket No. BR210010RP (10/23/13) [6-pg. doc.]