Tenant Whose Building Contained Seven Units Was Rent Stabilized

LVT Number: #30394

Tenant asked the DHCR to decide if she was rent stabilized. Tenant claimed that the building currently contained seven units, that previously landlord combined two apartments to create one unit, and that two other apartments were divided to make four apartments. The DRA ruled for tenant, finding her unit rent stabilized. Landlord appealed and lost. Landlord claimed that tenant had no standing to request the DHCR's ruling because she moved out in August 2014 under a housing court settlement agreement.

Tenant asked the DHCR to decide if she was rent stabilized. Tenant claimed that the building currently contained seven units, that previously landlord combined two apartments to create one unit, and that two other apartments were divided to make four apartments. The DRA ruled for tenant, finding her unit rent stabilized. Landlord appealed and lost. Landlord claimed that tenant had no standing to request the DHCR's ruling because she moved out in August 2014 under a housing court settlement agreement. But the fact that the landlord-tenant relationship ended didn't prevent the DRA from ruling on tenant's pending application. Tenant's application was filed two days before the court stipulation was signed and a while before tenant moved out. Landlord also didn't submit evidence requested by the DRA, and the DHCR therefore wouldn't consider any additional documentation on appeal. 

PAW Realty Corp.: DHCR Adm. Rev. Docket No. GM220006RO (8/23/19) [2-pg. doc.]

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