Tenant Moved in Before 1950

March 1, 1995

LVT Number: 9537

Landlord appealed a DHCR ruling that tenant was rent-controlled. The court and appeals court ruled against landlord and upheld the DHCR's finding. The DHCR had a rational basis for its factual finding that tenant had lived in landlord's two-story house prior to 1950. She was, therefore, subject to rent control.

Landlord appealed a DHCR ruling that tenant was rent-controlled. The court and appeals court ruled against landlord and upheld the DHCR's finding. The DHCR had a rational basis for its factual finding that tenant had lived in landlord's two-story house prior to 1950. She was, therefore, subject to rent control.

Gianelli v. Higgins: NYLJ, p. 33, col. 5 (2/27/95) (App. Div. 2 Dept.; Sullivan, JP, Rosenblatt, Copertino, Hart, JJ)

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