Long-Term Tenant Proves He's Rent Controlled
LVT Number: #24661
Landlord asked the DHCR to rule on tenant's rent regulatory status. Landlord claimed that tenant moved into the apartment after June 30, 1971, and therefore was rent stabilized, not rent controlled. The DRA ruled that tenant was in fact rent controlled. Landlord appealed and lost. Prior landlord submitted a sworn statement that tenant Johnny Cheung moved into the apartment in 1971 and paid $95 per month for the apartment in July 1973. Tenant also had submitted a 1974 MBR order listing the prior landlord as the building owner. In 1994, a subsequent owner sought permission from the DHCR to evict tenant, claiming that he was an illegal subtenant of the original rent-controlled tenant John Caserta. The DRA ruled against prior landlord and that decision was never appealed. In addition, new landlord, who bought the building in 2000 and now claimed that tenant wasn't rent controlled, had applied for MBR increases and fuel cost adjustments for tenant's apartment every year since it took over the building. The DRA correctly determined that tenant was rent controlled.
169 Mulberry Street: DHCR Adm. Rev. Docket No. AM410039RO (1/24/13) [4-pg. doc.]