Tenant Switched Apartments

Tenant filed a fair market rent appeal, claiming that the first rent-stabilized rent of his apartment was too high. The DRA ruled that tenant was, in fact, rent controlled and reduced his rent. Landlord appealed and lost. In 1996, because of water damage, tenant moved from his rent-controlled apartment in the building to another apartment. Tenant thought he would be allowed to move back into the old apartment. But two years later, after renovations, landlord rented tenant's old apartment at a higher rent and sent tenant a notice of an initial, registered, rent-stabilized rent for the new apartment. Although landlord claimed that tenant switched apartments voluntarily, there was no proof of this, and tenant denied that he did so.

Friberg Realty Co.: DHCR Admin. Rev. Dckt. No. OH410018RO (12/19/01) [2-pg. doc.]