Apartment Decontrolled Based on Owner Occupancy

February 1, 1999

LVT Number: 12979

Landlord applied for a ruling from the DHCR that tenant's apartment wasn't subject to rent control. The DRA ruled for landlord, and tenant appealed. The DHCR ruled against tenant. Tenant moved into the apartment in 1967. Landlord showed that the apartment had been owner-occupied for a period of at least one year before renting to tenant. Under rent control regulation section 2200.2(f) (11), the apartment was decontrolled because it was owner-occupied after April 1, 1953, and prior to renting to tenant.

Landlord applied for a ruling from the DHCR that tenant's apartment wasn't subject to rent control. The DRA ruled for landlord, and tenant appealed. The DHCR ruled against tenant. Tenant moved into the apartment in 1967. Landlord showed that the apartment had been owner-occupied for a period of at least one year before renting to tenant. Under rent control regulation section 2200.2(f) (11), the apartment was decontrolled because it was owner-occupied after April 1, 1953, and prior to renting to tenant. The apartment also had never become rent-stabilized because the building contained less than six apartments.

Pernice: DHCR Adm. Rev. Dckt. No. JC120208RT (12/22/98) [3-pg. doc.]

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