Tenant Didn't Live in Apartment Prior to June 30, 1971

Tenant complained that landlord's report of statutory decontrol was in error and that she was subject to rent control. The DRA ruled for landlord after holding a hearing and finding that tenant hadn't lived in the apartment prior to June 30, 1971. Tenant appealed, claiming that she'd lived in the apartment with her sister-in-law in 1969 and that she'd stayed in the apartment when her sister-in-law moved out in 1971. Tenant claimed that she became rent-controlled by pass-on rights. The DHCR ruled against tenant based on the findings made at the DRAs hearing. Tenant had signed a one year vacancy lease for the apartment dated Aug. 2, 1971. Tenant claimed it wasn't her signature on this lease, bid the signature matched tenant's signatures on other documents. Tenant's claim that she'd lived in the apartment since 1969 wasn't believable. Other documents that tenant submitted to prove she'd lived previously in the apartment were altered. Also, landlord had filed the report of statutory decontrol in 1972. Tenant had wafted 17 years to claim she was rent-controlled. Tenant had received rent-stabilized leases for the apartment since at least 1984.

Villegas: DHCR Adm. Rev. Dckt. No. GK220138RT (7/14/98) [3-page document]