Tenant Waited Too Long to Claim Rent-Control Coverage

Tenant asked the DHCR for a ruling that he was rent controlled. Tenant moved into the apartment in 1965. When landlord bought the building in 1985, he began registering tenant's apartment as rent stabilized and tenant signed stabilized renewal leases through 2003 without question. The DRA ruled against tenant and found that he was rent stabilized. Tenant appealed and lost. The DHCR's records contained a Report of Decontrol issued in 1955 based on owner occupancy. For 28 years, tenant never previously challenged this order. The 1973 MBR order landlord obtained at the time it bought the building listed 11 rent-controlled apartments in the building but didn't include tenant's unit. Although tenant now claimed that the apartment was improperly decontrolled in 1955, he waited too long to do so and didn't present a sufficient excuse for the delay.

Rivera: DHCR Adm. Rev. Docket No. XL220050RT (8/20/10) [4-pg. doc.]