Apartment Never Decontrolled

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell, Gribben & Donoghue, attorneys for the tenant.) Facts: Tenants moved into a rent-controlled apartment in 1962. In 1969 prior landlord applied to the Office of Rent Control for a luxury decontrol order. In December 1969 the DRA ruled for landlord and issued an order stating that the apartment would be decontrolled as of Oct. 1, 1968, provided that either a required lease was signed prior to that date or a proper lease offer was made on that date or later. No lease was signed or offered at any time thereafter. In 1992 someone asked the DHCR to confirm whether the apartment was rent-controlled. Even though prior landlord hadn't complied with the lease offer portion of the 1969 order, the DHCR ruled that the apartment was decontrolled as of Oct. 1, 1970, based on other language in the 1969 order. Tenants appealed. Court: Tenants win. No one could understand what the form language of the ''decontrol schedule'' on the back side of the 1969 order meant. For over 20 years, neither tenants nor prior landlord took any steps to clarify the status of the apartment. Although tenants never appealed the 1969 order, they had no reason to do so since the lease offer required to decontrol the apartment was never made. The DHCR's decision that the apartment had been decontrolled was unreasonable since the condition needed for decontrol was never met.

Sanders v. DHCR: Index No. 114275/97 (1/7/98) (Sup. Ct. NY; Greenfield, J) [6-page document]