Apartment Used for Professional Purposes

LVT Number: 13508

Rent-stabilized tenant claimed that his apartment was subject to rent control. The DRA ruled against tenant because the apartment was used for professional purposes. Tenant appealed and lost. Under rent control regulations, apartments that were used for nonhousing purposes on Feb. 1, 1947, and later used for housing purposes are exempt from rent control. The Office of Rent Control had issued an order in 1949, finding that the apartment was combined with the doctor's office next door before 1947 and continued to be used, in part, on the base date as a doctor's office.

Rent-stabilized tenant claimed that his apartment was subject to rent control. The DRA ruled against tenant because the apartment was used for professional purposes. Tenant appealed and lost. Under rent control regulations, apartments that were used for nonhousing purposes on Feb. 1, 1947, and later used for housing purposes are exempt from rent control. The Office of Rent Control had issued an order in 1949, finding that the apartment was combined with the doctor's office next door before 1947 and continued to be used, in part, on the base date as a doctor's office. So the apartment wasn't subject to rent control.

Hartmann: DHCR Adm. Rev. Dckt. No. EF420067RT (7/23/99) [3-pg. doc.]

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