Super Entitled to Renewal When Employment Ends

Tenant claimed that he was entitled to a rent-stabilized renewal lease. Landlord claimed that tenant had been the building super and didn't pay any rent after his employment ended. The DRA ruled for landlord, and tenant appealed. The DHCR ruled for tenant, finding that he was rent stabilized. Tenant had been rent stabilized from 1972 until 1996 when he became the building super. After his employment was terminated in 2000, landlord gave tenant a two-year lease with a preferential rent. Tenant stopped paying rent when the DRA issued a decision finding a rent overcharge of $3,300 for the period ending in 1996. Landlord also registered the apartment as rent stabilized in 1996 and didn't register the apartment as temporarily exempt for the following years until after tenant filed his lease renewal complaint. Tenant also tried to make rent payments after his employment ended, but they were sent to the wrong address.

Hill: DHCR Adm. Rev. Dckt. No. QJ210139RT (1/7/03) [3-pg. doc.]