Building Converted to Create More Apartments

Facts: The DHCR started a case to determine the rental status and legal rent of tenant's apartment. Tenant claimed that she was rent controlled. Landlord claimed tenant's apartment was exempt from rent control based on a conversion of the building in 1957 that resulted in an increase in the number of apartments from five cold water flats to eight self-contained units. Landlord further claimed that tenant's apartment didn't exist before 1957. Landlord submitted documents supporting its claim. The DRA ruled for landlord, finding that tenant's apartment was exempt from rent control based on the conversion of the building to create more self-contained apartments than the total number of units before conversion. Tenant appealed, pointing to a prior agency order regarding another apartment in the building that wasn't found to be exempt from rent control. DHCR: Tenant loses. The prior DHCR order that tenant relied on had later been revoked by the agency based on new proof of the same building conversion at issue in this case.

Faucher: DHCR Adm. Rev. Dckt. No. LG410013RT (2/1/00) [7-pg. doc.]