Apartment Previously Occupied by Super

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a $7,000 refund for a willful overcharge. Landlord appealed, claiming that tenant was the wife of the former building superintendent. The super and his wife had lived rent-free in the apartment for over 20 years. When super died in 1986, his wife remained as tenant. The DHCR ruled for landlord and revoked the overcharge finding. In 1986 the super's wife became first rent-stabilized tenant of the apartment. The rent charged was the initial legal regulated rent and wasn't subject to a fair market rent appeal.

Furgiele: DHCR Adm. Rev. Dckt. No. DF620262RO (4/10/97) [2-page document]