Tenant Was Rent Controlled as Result of 1983 CAB Order

A deceased tenant's wife asked the DHCR to rule on her rent-regulatory status. Tenant had moved into the apartment in March 1968. The wife moved in with tenant in 1974. Tenant died in 2002, and the wife remained in occupancy at all times since then. The DRA ruled for the wife, finding that she was rent controlled. Landlord appealed and lost. Landlord pointed out that a Report of Statutory Decontrol was filed for the apartment in May 1974, that tenant had signed rent-stabilized leases in 1974, 1977, 1979, 1982, and 1985. In 1983, the CAB had expelled the apartment from rent stabilization and re-regulated it as rent controlled. Landlord argued that this meant that the apartment was only temporarily rent controlled. But the DHCR pointed out that the 1983 order provided only for future rent increases in accordance with rent control regulations. This wasn't a temporary order. Even if tenant had later signed rent-stabilized leases, tenant didn't waive his rights as a rent-controlled tenant. And tenant's wife clearly had succession rights. 

35-48 35th Street: DHCR Adm. Rev. Docket No. ZK130039RO (10/10/13) [2-pg. doc.]