Apartment Exempt from Rent Control for 20 Years

June 30, 2003

LVT Number: 16671

Rent-controlled tenant asked the DRA to determine the legal rent for his apartment. The apartment had been exempt from rent control for 20 years while tenant was the building super. The DRA set the maximum collectible rent at $518. Tenant appealed, claiming that the DRA calculated the rent improperly and that landlord shouldn't get any MBR increase without the DRA ruling on whether landlord was maintaining services. The DHCR ruled against tenant. Since tenant was exempt from rent control for 20 years, there were unique and peculiar circumstances.

Rent-controlled tenant asked the DRA to determine the legal rent for his apartment. The apartment had been exempt from rent control for 20 years while tenant was the building super. The DRA set the maximum collectible rent at $518. Tenant appealed, claiming that the DRA calculated the rent improperly and that landlord shouldn't get any MBR increase without the DRA ruling on whether landlord was maintaining services. The DHCR ruled against tenant. Since tenant was exempt from rent control for 20 years, there were unique and peculiar circumstances. The DRA set a reasonable rent for tenant's apartment and wasn't required to follow the normal rules for increasing MBRs.

Connelly: DHCR Adm. Rev. Dckt. No. RA420033RT (5/20/03) [2-pg. doc.]

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