Tenant Who Moved into Apartment in 1978 Not Rent Controlled

Tenant claimed that she was rent controlled and asked the DRA to make a ruling in her favor. The DRA ruled against tenant. Tenant appealed, claiming that prior landlord never filed a decontrol report for the apartment. The DHCR ruled against tenant. Rent-control regulations don't apply to apartments that become vacant on or after June 30, 1971. Tenant moved into the apartment in 1978 after a vacancy, and didn't claim pass-on rights from any prior rent-controlled tenant. The DHCR records showed that a rent-control card for the apartment was on file as of December 1973, and that prior landlord filed a report of vacancy decontrol in June 1979. Even if there was no vacancy decontrol report, the fact that tenant moved in after the expiration of the rent-control law barred rent-control coverage. And tenant wasn't rent stabilized, because the building contained fewer than six apartments.

Weisberger: DHCR Adm. Rev. Docket No. WB420055RT (12/9/08) [5-pg. doc.]