Apartment Wasn't Decontrolled When Tenant Performed Super's Duties

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that tenant was the building superintendent and that she wasn't subject to rent regulation. The DHCR ruled against landlord. Tenant had moved into the apartment in 1950. Some time later, she became a part-time building employee for seven years. During that time, tenant continued to pay her full rent. Tenant hadn't performed any superintendent duties since 1980. Tenant's rent-controlled apartment wasn't decontrolled while tenant was the super because she still paid rent. And, since her employment had ended, her apartment remained rent-controlled. Tenant's rent was set at $57, the maximum rent effective Aug. 1, 1970. Landlord was directed to refund any overcharges collected for the period no earlier than two years before tenant's complaint was filed in 1986. Landlord could get future rent increases by filing applications for proper MBR and MCI increases.

577 Vanderbilt Avenue, Apt. 2L: DHCR Adm. Rev. Dckt. No. BK 220070-RO (9/29/93) [5-page document]