Tenants Can't Give Up Right to Rent Control Coverage

January 1, 2001

LVT Number: 14665

The DRA ruled that seven apartments in landlord's building were rent controlled and two were rent stabilized. The DRA set rents for the apartments. One of the tenants appealed. She claimed that she was rent controlled, not rent stabilized. Tenant had moved into 818 10th Ave. before June 30, 1971. At landlord's request she relocated to 814 10th Ave. In 1984, again at landlord's request, she moved back into 818 10th Ave. and agreed to have her apartment regulated under rent stabilization.

The DRA ruled that seven apartments in landlord's building were rent controlled and two were rent stabilized. The DRA set rents for the apartments. One of the tenants appealed. She claimed that she was rent controlled, not rent stabilized. Tenant had moved into 818 10th Ave. before June 30, 1971. At landlord's request she relocated to 814 10th Ave. In 1984, again at landlord's request, she moved back into 818 10th Ave. and agreed to have her apartment regulated under rent stabilization. Tenant can't give up her rights under rent control and remained rent controlled even though she had moved to several different apartments and had signed the agreement.

Alpar 10th Corp./Besdine/Seda: DHCR Adm. Rev. Dckt. Nos. OC420054RO, OC420109RT, and OC420110RT (9/20/00) [6-pg. doc.]

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