Tenant Is Rent Controlled, Not Rent Stabilized

Tenant asked the DHCR to rule on her status. She claimed that she was rent controlled, not rent stabilized. Landlord pointed out that prior landlord had filed a report of statutory decontrol in 1972, and tenant had been registered with the DHCR as rent stabilized since 1984. The DRA ruled for tenant, but the DHCR reversed and found that tenant was rent stabilized. Tenant filed a court appeal, claiming that the DHCR's decision was unreasonable. The court ruled for tenant, finding that the report of statutory decontrol didn't determine tenant's status because a copy wasn't delivered to tenant at the time. The court ordered the DHCR to reconsider tenant's complaint.
The DHCR then ruled for tenant. Tenant proved that her sister was the prior rent-controlled tenant. Tenant moved in with her sister in 1967 and had lived in the apartment at all times since that date. In some other prior cases, the DHCR had ruled that tenants couldn't claim rent-controlled status if they were treated as rent stabilized for years without complaint. But in those cases, tenants had willingly signed rent-stabilized leases. Here, landlord was unable to show that tenant had signed rent-stabilized leases with any prior landlord. The DHCR set tenant's maximum collectible rent at $300, which was the amount of rent she was paying.

Allstar Management Group, Inc.: DHCR Adm. Rev. Docket No. WJ220004RP (11/25/09) [5-pg. doc.]