Two-Apartment Building Not Subject to Rent Stabilization

Tenant complained of a rent overcharge. The DRA dismissed tenant's complaint because the building was not subject to rent regulation. Tenant appealed and lost. Tenant claimed that she lived in one room in a first-floor apartment that was divided into five rooms and rented separately. She and the other tenants shared one bathroom and one kitchen. The building was a two-family house. Tenant argued that this arrangement was illegal, and therefore the DHCR should find that the rent was illegal. The DHCR said a building must contain six family apartments to fall under rent stabilization. Landlord's building contained only two apartments. Any issue about whether landlord's rental of rooms in the apartment was legal was outside the DHCR's authority to determine.

McGillis: DHCR Adm. Rev. Docket No. UJ210013RT (11/29/06) [2-pg. doc.]