Tenant Waited Too Long to Claim Coverage

December 1, 2002

LVT Number: 16271

Tenant filed a complaint with the DHCR, claiming that she was rent controlled. The DRA ruled for tenant. Landlord appealed and won. The building had been altered so that tenant's apartment was created in 1951. A new C of O for the building was issued at that time. This substantial alteration in the building qualified the apartment for decontrol under rent control regulations when tenant moved into the apartment in 1969. In addition, tenant waited too long to claim rent control status. Tenant waited 17 years in this case.

Tenant filed a complaint with the DHCR, claiming that she was rent controlled. The DRA ruled for tenant. Landlord appealed and won. The building had been altered so that tenant's apartment was created in 1951. A new C of O for the building was issued at that time. This substantial alteration in the building qualified the apartment for decontrol under rent control regulations when tenant moved into the apartment in 1969. In addition, tenant waited too long to claim rent control status. Tenant waited 17 years in this case. In a prior appeals court ruling, 14 years was considered too long to claim coverage under rent control.

Estate of Virginia Speiss: DHCR Admin. Rev. Dckt. No. NH420033RO (10/2/02) [3-pg. doc.]

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