Apartment Decontrolled

Tenant claimed that her apartment was subject to rent control, even though landlord had filed a report of statutory decontrol. Landlord argued that the apartment was exempt because the building was owner occupied, the building contained less than six apartments, and tenant had moved in after Sept. 1, 1970. The DRA ruled against landlord, and landlord appealed. Rent control regulations section 2200.2 (f) (16) states that an apartment is exempt from rent control if the building has less than six units, at least one unit is owner-occupied, and the unit in question becomes vacant on or after Aug. 1, 1970. Landlord proved that a vacancy occurred in tenant's apartment on or after Aug. 1, 1970. Landlord's son had lived there and had utility bills that showed electric service for the apartment had been terminated on Aug. 3, 1970. The deed for the house landlord's son purchased at that time also showed that as of July 30, 1970, landlord's son lived in the apartment.

DeLucia: DHCR Adm. Rev. Dckt. No. IA220058RO (7/14/98) [3-page document]