Landlord Can Register Apartment as Exempt

Landlord asked the DHCR if an apartment he had lived in for 30 years was exempt from rent regulation. The building in question had originally been an SRO rooming house. Around 1966, the building was converted to a Class A multiple dwelling and the apartment in question was occupied by landlord. The apartment may otherwise have become subject to rent control. In 1993 landlord rented his apartment to a new tenant at a monthly rent greater than $2,000. Landlord registered the apartment with the DHCR as permanently exempt. This was the proper procedure. Under rent-control regulations, a unit occupied by landlord continuously for at least a year before renting isn't subject to rent control. And since the apartment was decontrolled based on owner occupancy, new tenant had no right to file a fair market rent appeal.

DHCR Opin. Ltr. by Charles Goldstein (4/16/96) [2-page document]