Super's Apartment Exempt

Tenant complained that landlord wouldn't give him a rent-stabilized lease. Landlord claimed that occupant of apartment wasn't a tenant. He'd been the building super. When his job was ended, landlord let him stay in the apartment and pay use and occupancy. The apartment had never been a rental unit. The DRA ruled for tenant, and ordered landlord to give tenant the lease. Landlord appealed. The DHCR held a hearing and ruled for landlord. Landlord proved that he didn't intend to create a tenancy, but had let the super stay in the apartment as an accommodation until he could relocate.

79-11 146th Street, Apt. Bsmt.: DHCR Adm. Rev. Dckt. No. GE 110035-RO (12/3/93) [3-page document]