Tenant Lived in Building Before Co-op Conversion

LVT Number: 19187

Landlord asked the DHCR for a ruling on tenant's status. Landlord claimed that tenant wasn't rent stabilized, because she didn't move into her apartment until after the building converted to a cooperative, in 1987. The DRA ruled for landlord. Tenant appealed and won. Tenant pointed out that she had lived in the building complex since 1981. She moved into her current apartment in 1994. DHCR records showed that tenant's rent for the first apartment was registered in 1984. Tenant claimed she was moved into her new apartment following a fire in the old apartment.

Landlord asked the DHCR for a ruling on tenant's status. Landlord claimed that tenant wasn't rent stabilized, because she didn't move into her apartment until after the building converted to a cooperative, in 1987. The DRA ruled for landlord. Tenant appealed and won. Tenant pointed out that she had lived in the building complex since 1981. She moved into her current apartment in 1994. DHCR records showed that tenant's rent for the first apartment was registered in 1984. Tenant claimed she was moved into her new apartment following a fire in the old apartment. Landlord admitted that tenant had paid $1 per month for the old apartment at one time. Landlord also had given tenant a rent-stabilized renewal lease in 1996, after she moved into her new apartment. Since tenant changed apartments for landlord's benefit, tenant kept her status as rent stabilized when she moved to the new apartment.

Cintron: DHCR Adm. Rev. Docket No. UD930036RT 7/27/06 [4-pg. doc.]

Downloads

UD930036RT_0.pdf148.18 KB