Tenant Waited Too Long to Challenge Apartment Decontrol

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett, NY, law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.) Tenant applied to the DHCR for a ruling on her status. She claimed that she was rent controlled. Landlord claimed that the apartment was unregulated. The DRA ruled against tenant. She appealed and lost. Prior landlord had filed a report of statutory decontrol in 1956. The building was sold several times since that date. Tenant said she moved into the apartment in 1969. Since tenant waited more than 34 years to challenge her status, and more than 47 years after the decontrol report was filed, it was too late. Neither landlord nor prior landlords ever treated tenant as rent controlled, and landlord shouldn't be expected to defend against tenant's claim after such a long delay.

Counihan: DHCR Adm. Rev. Dckt. No. SH220010RT (10/19/05) [4-pg. doc.]