Tenant Remains Rent Controlled Under CAB Expulsion Order

LVT Number: 19358

Landlord asked the DRA to determine tenant's rent regulation status. Landlord claimed that tenant was rent stabilized. The DRA ruled against landlord and found that tenant was rent controlled. In 1983, the Citizens Advice Bureau (CAB), a predecessor agency, expelled landlord from rent stabilization. In 1985, the DHCR issued a follow-up order stating that the apartment was rent controlled. Landlord appealed, claiming that the CAB's order was not properly filed against correct landlord at the time. Landlord asked that tenant's apartment be reinstated as rent stabilized.

Landlord asked the DRA to determine tenant's rent regulation status. Landlord claimed that tenant was rent stabilized. The DRA ruled against landlord and found that tenant was rent controlled. In 1983, the Citizens Advice Bureau (CAB), a predecessor agency, expelled landlord from rent stabilization. In 1985, the DHCR issued a follow-up order stating that the apartment was rent controlled. Landlord appealed, claiming that the CAB's order was not properly filed against correct landlord at the time. Landlord asked that tenant's apartment be reinstated as rent stabilized. The DHCR ruled against landlord. Landlord's claim that the prior order was not filed against correct landlord was unclear. And the recontrol order was not subject to review by the DHCR at this time.

Wilkins: DHCR Adm. Rev. Docket No. UH420021RO (11/15/06) [3-pg. doc.]

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