Tenant in Two-Apartment Building with Store Is Rent Controlled

Landlord asked the DHCR to rule on tenant's status. Tenant claimed that she was rent controlled. The DRA ruled against landlord, finding that tenant's apartment was located in a building containing two apartments and a store. Tenant submitted proof that she has lived in the apartment since before July 1, 1971. Landlord appealed, arguing that if a building contains two apartments only, apartments became decontrolled if there was a vacancy on or after April 1, 1953. The DHCR ruled against landlord. This rule didn't apply to tenant's building because it contained two apartments and a commercial unit on the first floor. Rent and Eviction Regulations Section 2200.2(f)(17) applied. Because tenant lived in the apartment before July 1, 1971, she was rent controlled.

Faraone: DHCR Adm. Rev. Docket No. UK220003RO (8/16/07) [7-pg. doc.]