Tenant Was Rent Stabilized, Not Rent Controlled

February 21, 2019

LVT Number: #29916

Tenant claimed that he was rent controlled and asked the DHCR for a ruling on the issue. The DRA ruled for tenant. Landlord appealed and won. The DHCR ruled that tenant was rent stabilized, not rent controlled. Tenant then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against tenant, who appealed and lost. The DHCR's decision had a rational basis. Tenant failed to prove that he occupied the apartment prior to July 1, 1971, and therefore, he wasn't subject to rent control.

Tenant claimed that he was rent controlled and asked the DHCR for a ruling on the issue. The DRA ruled for tenant. Landlord appealed and won. The DHCR ruled that tenant was rent stabilized, not rent controlled. Tenant then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against tenant, who appealed and lost. The DHCR's decision had a rational basis. Tenant failed to prove that he occupied the apartment prior to July 1, 1971, and therefore, he wasn't subject to rent control.

Garrido v. Pascal: Index No. 8275-101891/16, 2019 NY Slip Op 00680; 1/31/19; Richter, JP, Manzanet-Daniels, Tom, Kahn, Singh, JJ)

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