Tenant Who Moved into Building After Co-op Conversion Wasn't Rent Stabilized

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant moved into the apartment in 1993 and was given a rent-stabilized lease by the landlord. But the building had been converted into a cooperative effective July 26, 1983. So the apartment wasn't rent-stabilized and wasn't subject to the DHCR's jurisdiction. Tenant claimed that this was fraud. But neither an improper lease form nor mistakenly filed DHCR rent registrations created a rent-stabilized tenancy. As set forth in RSC Section 2520.11(1), since tenant moved into the apartment 10 years after the building's co-op conversion, the apartment was no longer rent stabilized. 

Pennin: DHCR Adm. Rev. Docket No. LR110003RT (8/21/23)[2-pg. document]