Section 8 Tenant Proves She Is Rent Controlled

February 1, 2011

LVT Number: #23193

Tenant complained of a rent overcharge, claiming that she was rent controlled. The DRA ruled against tenant and found that her apartment was supervised by NYCHA with rent set by HUD regulations. Tenant appealed, and the DHCR reconsidered. Tenant submitted a copy of a 1974 Tenant's Order of Maximum Base Rent for the apartment listing her as the tenant. She also submitted a three-year NYCHA lease that ended in 1999 and stated that if tenant continued as a rent-controlled tenant after the lease ended, she should pay the maximum legal rent.

Tenant complained of a rent overcharge, claiming that she was rent controlled. The DRA ruled against tenant and found that her apartment was supervised by NYCHA with rent set by HUD regulations. Tenant appealed, and the DHCR reconsidered. Tenant submitted a copy of a 1974 Tenant's Order of Maximum Base Rent for the apartment listing her as the tenant. She also submitted a three-year NYCHA lease that ended in 1999 and stated that if tenant continued as a rent-controlled tenant after the lease ended, she should pay the maximum legal rent. And tenant's Section 8 rent subsidy wasn't a project-based subsidy. NYCHA merely provided a monthly rent subsidy to assist tenant with rent payments. Tenant proved she was subject to rent control.

Russo: DHCR Adm. Rev. Docket No. YI120058RT (12/23/10) [4-pg. doc.]

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