Tenant's Daughter Claims She's Rent Controlled

Landlord asked the DHCR to determine tenant's status. Tenant claimed that she had lived in the apartment since before July 1, 1971, and therefore was rent controlled. The DRA ruled for tenant, and landlord appealed. Landlord claimed that the DRA's decision was made without sufficient proof. The DHCR agreed and reopened the case. A 1967 lease showed that the apartment had been rented to Mary Dowd, who tenant claimed was her mother. DHCR rent-control rent adjustment records listed "M. Dowd" as the tenant in 1970 and 1972. "Mary Dinowitz Down" was the named tenant in Senior Citizen Rent Increase Exemption records for 1993, and a 2005 Con Edison bill listed  "Helene Dawrdowicz" as the account holder. Tenant claimed that this was her sister. It was unclear from the DRA's record of the case when current tenant, named Anna Dawrdowicz, moved into the apartment. The DHCR sent the case back to the DRA for further investigation. There was insufficient proof that tenant had physically resided in the apartment since before July 1, 1971. And, to claim succession rights, tenant must prove that she lived in the apartment as her primary residence for at least two years immediately before the rent-controlled tenant died or moved out.

198 23rd Street LLC: DHCR Adm. Rev. Docket No. ZG220026RO (7/5/13) [3-pg. doc.]