Unit Subject to Commercial Lease

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that he was commercial and not rent stabilized. Tenant appealed and lost. Tenant had a commercial lease for a book club business that he operated out of the apartment. Tenant claimed that he also lived in the apartment. But tenant didn't present proof of this. Landlord submitted proof that tenant and his wife had another primary residence elsewhere in New York. The fact that the apartment may not be zoned for commercial use didn't make tenant rent stabilized. The fact that the apartment was registered as rent stabilized didn't prevent the DHCR from finding that tenant was exempt from rent stabilization coverage. And the fact that tenant chose to spend $50,000 on apartment renovations didn't mean there was an overcharge.

Shiff: DHCR Adm. Rev. Dckt. No. NC410053RT (2/23/01) [3-pg. doc.]