Apartment Decontrolled

January 1, 1995

LVT Number: 9387

Landlord sent occupant a Report of Statutory Decontrol, based on an alleged vacancy starting on May 31, 1979. Occupant asked the DHCR to rule that her apartment was rent-controlled. Occupant claimed that she'd lived in the apartment with tenant from October 1970 until tenant's death in February 1980. The DRA ruled that the apartment was rent-controlled, and landlord appealed. Landlord argued that numerous factors indicated that occupant hadn't lived in the apartment as she claimed. The DHCR agreed, and decontrolled the apartment.

Landlord sent occupant a Report of Statutory Decontrol, based on an alleged vacancy starting on May 31, 1979. Occupant asked the DHCR to rule that her apartment was rent-controlled. Occupant claimed that she'd lived in the apartment with tenant from October 1970 until tenant's death in February 1980. The DRA ruled that the apartment was rent-controlled, and landlord appealed. Landlord argued that numerous factors indicated that occupant hadn't lived in the apartment as she claimed. The DHCR agreed, and decontrolled the apartment. Occupant was registered to vote at another address, and used that address for tax purposes. And she had no rent receipts or other proof that she'd lived in the apartment.

Schwenk: DHCR Adm. Rev. Dckt. No. BG 220431-RO (12/2/94) [7-page document]

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