Tenant Who Moved into Building After Co-op Conversion Wasn't Rent Stabilized

Tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant received a rent-stabilized vacancy lease when she moved into the unit in October 1995. But landlord showed that the building was converted to cooperative ownership in March 1989. Since tenant wasn't in occupancy at the time of the conversion, she wasn't rent stabilized. The fact that landlord gave tenant a rent-stabilized lease in the past didn't make her rent stabilized. And the DRA also specifically noted that a prior DHCR order in tenant's favor, directing landlord to give tenant a rent-stabilized renewal lease, was in error, and landlord didn't have to renew tenant's lease.

Berreondo: DHCR Adm. Rev. Docket No. IX410027RT (6/9/21)[2-pg. document]