Tenant Claims She's Rent Controlled

Elderly tenant asked the DHCR for a ruling on her status, claiming the she was rent controlled. Tenant stated that she moved into the apartment as an adult with her parents in 1962 and that she had remained there after her parents died. Landlord claimed that the building was exempt from rent control due to its configuration and disputed that tenant proved she'd lived there continuously since at least July 1, 1971. The DRA ruled against tenant based on insufficient proof of succession rights. Tenant appealed, and the DHCR reopened the case for further review of the facts and law. First, the DRA must determine when tenant's father moved into the building. If it was after April 1, 1953, then the DRA must determine whether the building then contained a store. If the building wasn't used solely for residential purposes on the 1953 base date, or wasn't part of a horizontal multiple dwelling on that date, the apartment wasn't rent controlled. If the apartment was otherwise subject to rent control, the DRA must consider evidence of whether tenant herself qualified as a statutory rent-controlled tenant or had succession rights to her parents' tenancy.

Sarno: DHCR Adm. Rev. Docket No. ZI420047RT (3/9/12) [6-pg. doc.]