Landlord Can Seek Ruling on Apartment’s Rent Stabilization Status

Tenant complained of a reduction in services, claiming that she was forced to vacate his apartment involuntarily. Landlord didn’t answer the complaint. The DRO ruled for tenant and reduced her rent to $1 per month until services were restored. Landlord appealed and argued that tenant wasn’t rent stabilized. The DHCR ruled against landlord, noting that the apartment was registered as temporarily exempt due to owner or employee occupancy between 2002 and 2009. After that, the apartment wasn’t registered. Tenant moved into the apartment in August 2013. There was no evidence that the apartment was exempt from rent stabilization. However, this ruling didn’t constitute a formal decision on the apartment’s regulated status, since the issue is beyond the scope of a services complaint. Landlord could file a separate administrative proceeding for a ruling on whether the apartment was subject to rent stabilization.

East 7th Street Assoc LLC: DHCR Adm. Rev. Docket No. DQ410026RO (2/26/16) [2-pg. doc.]