Apartment Used as Artist's Studio

LVT Number: 10072

Tenant objected to landlord's initial registration of his artist's studio as exempt from rent stabilization. Tenant claimed he lived in the studio and that he was being overcharged. The DRA ruled for tenant, and landlord appealed. The DHCR ruled for landlord, based on information submitted by both landlord and tenant. Tenant lived for many years in another apartment in the building and used the studio in question exclusively to work. Tenant had also lived at other addresses at different times.

Tenant objected to landlord's initial registration of his artist's studio as exempt from rent stabilization. Tenant claimed he lived in the studio and that he was being overcharged. The DRA ruled for tenant, and landlord appealed. The DHCR ruled for landlord, based on information submitted by both landlord and tenant. Tenant lived for many years in another apartment in the building and used the studio in question exclusively to work. Tenant had also lived at other addresses at different times. His leases for the studio were commercial leases, and the building's certificate of occupancy called for commercial use of this unit.

853 Seventh Ave. Corp.: DHCR Adm. Rev. Dckt. No. BF 410255 RO (6/9/95) [4-page document]

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