Tenant Waited Too Long to Claim Rent Control Coverage

Tenant asked the DHCR to rule on her status, claiming that she was rent controlled. Although tenant had signed rent-stabilized leases, she said she had lived in the apartment since 1970 and that in 1980 HPD ruled that she was rent controlled. The DRA ruled for tenant. Landlord appealed, arguing that tenant had signed rent-stabilized leases since 1984 and that the 1980 HPD order didn't determine tenant's rent-regulatory status. The DHCR ruled for landlord. Tenant didn't submit sufficient proof that she had lived in the apartment since 1970. And tenant waited more than 20 years after signing her first rent-stabilized lease to claim rent-control status. Tenant didn't show that prior landlord coerced her into signing rent-stabilized lease and failed to explain why she waited so long to complain. The 1973 HPD ruling tenant relied on listed the rent-controlled rent for the apartment but also listed a different tenant's name.

Newshan: DHCR Adm. Rev. Docket No. UL220011RO (8/16/07) [5-pg. doc.]