Tenant Moved into Apartment Before 1971

LVT Number: 13064

Landlord asked the DRA for a ruling that his building wasn't subject to rent regulation, since it contained fewer than six apartments. One tenant claimed to be rent-controlled since 1968, but landlord said he moved in after 1971. The DRA ruled against landlord, finding that tenant had moved into the apartment before June 30, 1971, and so was rent-controlled. Landlord appealed, claiming that tenant had moved in with prior rent-controlled tenant, but that prior tenant had moved out in 1974. Tenant claimed she was a remaining family member of prior tenant.

Landlord asked the DRA for a ruling that his building wasn't subject to rent regulation, since it contained fewer than six apartments. One tenant claimed to be rent-controlled since 1968, but landlord said he moved in after 1971. The DRA ruled against landlord, finding that tenant had moved into the apartment before June 30, 1971, and so was rent-controlled. Landlord appealed, claiming that tenant had moved in with prior rent-controlled tenant, but that prior tenant had moved out in 1974. Tenant claimed she was a remaining family member of prior tenant. Landlord argued that tenant had never established pass-on rights. The DHCR held a hearing and ruled against landlord. There had been no vacancy in the apartment on or after June 30, 1971, landlord knew or should have known that tenant was living in the apartment before that date, and landlord had given up any claim by accepting rent from tenant for many years.

Brown: DHCR Adm. Rev. Dckt. No. DG210096RO (10/29/98) [3-pg. doc.]

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