Tenant's Illegal Alterations Don't Negate Rent-Control Status

Landlord asked the DHCR to rule on the rent-regulated status of tenant's apartment. The DRA ruled against landlord because a prior DHCR order already decided that the apartment was rent controlled. Landlord appealed and lost. Landlord claimed that new evidence showed that DOB declared the building unfit for habitability, in part because tenant had illegally converted and extended an existing garage structure and installed an illegal natural gas line. Wrongful tenant conduct that may have resulted in the issuance of building violations wasn't a matter that the DHCR could decide and didn't affect the prior ruling that tenant was rent controlled.

Zaytsev: DHCR Adm. Rev. Docket No. YG220106RO (3/30/12) [3-pg. doc.]