Tenant's Parents Occupied Apartment Prior to July 1, 1971

Tenant claimed that he was rent controlled and asked the DRA to rule on the question. The DRA ruled for tenant. Landlord appealed, claiming that the apartment was exempt from rent control because it was in a two-family house and that tenant hadn't lived there continuously since March 31, 1953. The DHCR ruled against landlord. An apartment in a two-family house that became vacant on or after April 1, 1953 is exempt from rent control. But landlord's building contained two residential units and one commercial space. So the two-family house exemption didn't apply. Tenant's mother moved into the apartment on April 5, 1971, and tenant lived there with her for at least two years before his mother died. So tenant qualified for rent control pass-on rights.

ERK LLC: DHCR Adm. Rev. Dckt. No. RF220049RO (9/26/03) [3-pg. doc.]