Landlord Claims Tenant Isn't Rent Stabilized

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,048, including interest. Landlord appealed, and the order was revoked. Landlord pointed out that, in prior decisions, the DRA  ruled that the apartment was for commercial use and therefore wasn't subject to rent stabilization. Tenant argued that she had lived in the apartment for many years and DOB records showed that the premises was residential. The DHCR decided that the issue should be left to the courts. Landlord had sued to evict tenant in a commercial eviction proceeding. The court ruled for landlord, but an appeals court ruled that landlord must restart the case in housing court because tenant lived in the unit. No ruling was made on whether the unit was rent stabilized, but landlord had already restarted the eviction case in housing court and maintained there that the unit wasn't subject to rent stabilization. 

32-05 Newtown Avenue Assoc., LLC: DHCR Adm. Rev. Docket No. FN110031RO (9/11/17) [3-pg. doc.]