Loft Previously Reclassified as Rent-Stabilized Apartment

LVT Number: #23392

Tenant complained to the DHCR of a rent overcharge. He said that his unit was a loft and that landlord had improperly increased his rent. The DRA ruled against tenant, who appealed and lost. In 1991, the New York City Loft Board reclassified tenant's loft as a rent-stabilized apartment. Landlord thereafter increased tenant's legal regulated rent by the proper guidelines increases. Landlord also had registered tenant's rent with the DHCR every year since 1991.

Tenant complained to the DHCR of a rent overcharge. He said that his unit was a loft and that landlord had improperly increased his rent. The DRA ruled against tenant, who appealed and lost. In 1991, the New York City Loft Board reclassified tenant's loft as a rent-stabilized apartment. Landlord thereafter increased tenant's legal regulated rent by the proper guidelines increases. Landlord also had registered tenant's rent with the DHCR every year since 1991. Once the Loft Board granted prior landlord's application for legalization and issued its 1991 order, the unit was no longer subject to the Loft Law.

Schecter: DHCR Adm. Rev. Docket No.YK410002RT (4/22/11) [3-pg. doc.]

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