Landlord Claims Unit Is Commercial

LVT Number: 8021

Tenant complained of a rent overcharge. Landlord claimed that tenant's unit was commercial--not residential. The DRA ruled for tenant, and landlord appealed. Tenant lived in the unit covered by a residential lease. The apartment had a storefront window facing the street, but had full living accommodations, including a kitchen and bathroom. Tenant briefly used the front part of the apartment as a part-time bookstore but continued to live there. The DHCR ruled that tenant's unit was a rent-stabilized apartment, even though the lease heading stated that it was a store.

Tenant complained of a rent overcharge. Landlord claimed that tenant's unit was commercial--not residential. The DRA ruled for tenant, and landlord appealed. Tenant lived in the unit covered by a residential lease. The apartment had a storefront window facing the street, but had full living accommodations, including a kitchen and bathroom. Tenant briefly used the front part of the apartment as a part-time bookstore but continued to live there. The DHCR ruled that tenant's unit was a rent-stabilized apartment, even though the lease heading stated that it was a store. It doesn't matter if prior owner told landlord the unit was commercial when he bought the building.

82 East Third Street, West Store: DHCR Adm. Rev. Dckt. No. CL 410033-RO (5/14/93) [4-page document]

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