Apartment Was Owner-Occupied for Less Than One Year

Tenant complained of a rent overcharge. The DRA asked landlord to show that the initial RR-1 registration was sent to tenant in 1984. Landlord claimed that the apartment was rent-controlled until October 1983 and then owner-occupied before tenant moved in. The DRA converted tenant's complaint to a fair market rent appeal and ruled for tenant. Landlord appealed, claiming that the apartment wasn't subject to a fair market rent appeal because it was owner-occupied prior to tenant's occupancy. The DHCR ruled against landlord. The apartment was owner-occupied for less than a year after vacancy decontrol. This didn't exempt the apartment from a fair market rent appeal.

Kofman Corp.: DHCR Adm. Rev. Dckt. No. ED110354RO (7/11/97) [4-page document]