Apartments Were Decontrolled by Agency Order in 1957

Tenants of two separate apartments in landlord's building asked the DHCR to rule that they were rent controlled. Tenants moved into one apartment together in 1959. One tenant later moved to a different apartment in 1970. Tenants received rent-stabilized renewal leases at various times, until 2006, when each received a notice of nonrenewal based on landlord's stated need for the apartments for owner occupancy. Landlord claimed that the apartments had been decontrolled in 1957. The DRA ruled against tenants, finding that they were rent stabilized. Tenants appealed, claiming that the agency's 1957 decontrol orders were in error and should no longer be deemed effective. These orders were based on prior landlord's creation of new residential units in the building. Tenants claimed that the newly created apartments should have remained decontrolled for only as long as they were rented for single-family occupancy. Tenants argued that once landlord took action to remove the apartments from the rental market, the decontrol orders were no longer effective. The DHCR ruled against tenants. The DRA properly relied on the 1957 decontrol orders. Since these orders were issued over 50 years ago, the DHCR wasn't required to investigate whether they were correct. Tenants were rent stabilized, not rent controlled.

Stollerman/Sandow: DHCR Adm. Rev. Docket Nos. VD420046RT, VE420001RT (4/30/08) [6-pg. doc.]