Super Reverts Back to Rent-Control Status After Employment Ends

July 31, 2003

LVT Number: 16749

Facts: Rent-controlled tenants, husband and wife, became building supers in 1961. They lived in an apartment with their son. After husband died, wife continued as super until 1993. She then retired and remained in the apartment with her son. Landlord gave her a rent-stabilized lease. After tenant died, son remained as pass-on tenant. He filed a complaint with the DHCR, claiming that he was rent controlled, not rent stabilized. The DRA ruled for tenant, and landlord appealed. DHCR: Landlord loses. Tenant's wife reverted to rent control status after her employment ended in 1993.

Facts: Rent-controlled tenants, husband and wife, became building supers in 1961. They lived in an apartment with their son. After husband died, wife continued as super until 1993. She then retired and remained in the apartment with her son. Landlord gave her a rent-stabilized lease. After tenant died, son remained as pass-on tenant. He filed a complaint with the DHCR, claiming that he was rent controlled, not rent stabilized. The DRA ruled for tenant, and landlord appealed. DHCR: Landlord loses. Tenant's wife reverted to rent control status after her employment ended in 1993. Her son remained in the apartment with pass-on rights as new rent-controlled tenant.

1053 64 St. Trust: DHCR Adm. Rev. Dckt. No. OJ220181RO (6/4/03) [6-pg. doc.]

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