Tenant's Apartment Is Rent Controlled

Landlord asked the DHCR to determine if tenant's apartment was rent stabilized, and whether the current tenant was the rightful tenant. Landlord had bought tenant's apartment during the building's co-op conversion and saw that the listed tenant was "R. Abramson." The apartment occupant was Doris Faye. The DRA ruled that the apartment and Faye were in fact rent controlled. Landlord appealed and lost. Tenant showed that she moved into the apartment in 1949, married Abramson in 1950, and divorced in 1958. At that point Abramson moved out and Faye remained in the apartment. Landlord also had argued that the apartment wasn't Faye's primary residence. But Con Ed, voting, and driver's license records showed that she maintained an ongoing, substantial, physical connection to the apartment and landlord didn't claim she wasn't living there. 

Dawes: DHCR Adm. Rev. Docket No. ZJ410047RO (7/5/13) [3-pg. doc.]