Apartment Never Subject to Rent Control

LVT Number: 11776

Tenant filed a fair market rent appeal, challenging the apartment's first rent-stabilized rent. The DRA ruled for tenant and ordered a $33,000 refund for the period between February 1974 and January 1986. Landlord appealed, claiming that tenant's apartment had never been rent-controlled but had always been rent-stabilized since the building was constructed. The rent history showed that prior tenant lived in the apartment from 1972 through the end of 1973. The DHCR ruled for landlord. The DHCR's records confirmed that the apartment was never rent-controlled.

Tenant filed a fair market rent appeal, challenging the apartment's first rent-stabilized rent. The DRA ruled for tenant and ordered a $33,000 refund for the period between February 1974 and January 1986. Landlord appealed, claiming that tenant's apartment had never been rent-controlled but had always been rent-stabilized since the building was constructed. The rent history showed that prior tenant lived in the apartment from 1972 through the end of 1973. The DHCR ruled for landlord. The DHCR's records confirmed that the apartment was never rent-controlled. Landlord also legally increased tenant's rent when prior tenant moved out. There was no overcharge, and the refund order was revoked.

Woods Mgmt. Co.: DHCR Adm. Rev. Dckt. No. EA110385RO (4/11/97) [2-page document]

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