Tenant Waited Too Long to Claim He Was Rent Controlled

(Decision submitted by Eileen O'Toole of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Tenant asked the DHCR to decide whether he was rent controlled or rent stabilized. Tenant claimed that he was rent controlled. Landlord claimed that tenant was rent stabilized. The DRA ruled against tenant. Tenant appealed and lost. Tenant didn't submit sufficient proof that he was rent controlled. He submitted sworn statements from himself and friends, a copy of his child's birth certificate, and a letter from the telephone company supporting his claim that he lived in the apartment in 1971. But these documents didn't establish that tenant moved into the apartment before June 30, 1971. On the other hand, landlord had registered the apartment as rent stabilized since 1984 and had periodically increased tenant's rent. In addition, tenant waited 30 years to claim he was rent controlled. This was an unreasonable delay.

Desarden: DHCR Adm. Rev. Dckt. No. RB420010RT (8/26/03) [2-pg. doc.]