No Vacancy Decontrol

Tenant complained of a rent overcharge and claimed that he was rent-controlled. Landlord claimed that tenant was rent-stabilized. The DRA ruled for tenant since he'd lived in the apartment since at least 1951. Landlord appealed. Tenant had signed a rent-stabilized lease in 1985, and prior landlord had filed a report of statutory decontrol after suing to evict tenant for nonprimary residence. The DHCR ruled against landlord. The DRA had revoked the report of statutory decontrol by another order in 1990. There was also no court stipulation or other valid written agreement by which tenant gave up his right to rent control coverage.

3350 B W 136 Inc.: DHCR Adm. Rev. Dckt. No. EI520242RO (12/26/96) [4-page document]