Two Combined Apartments Covered

LVT Number: 12824

Landlord bought a building in 1988 and applied to the DHCR for a ruling that only one of two adjacent apartments was rentcontrolled. Tenants claimed that they had lived together in both apartments as their primary residence since before June I 1971. Tenants said that one of them ha moved into apartment 5E in 1966; the other had moved in with him in 1967. They also claimed that prior landlord had moved out of apartment 5W in 1968 and then rented that apartment to tenants. Tenants later got married to each other.

Landlord bought a building in 1988 and applied to the DHCR for a ruling that only one of two adjacent apartments was rentcontrolled. Tenants claimed that they had lived together in both apartments as their primary residence since before June I 1971. Tenants said that one of them ha moved into apartment 5E in 1966; the other had moved in with him in 1967. They also claimed that prior landlord had moved out of apartment 5W in 1968 and then rented that apartment to tenants. Tenants later got married to each other. Landlord pointed out that, among other things, the 1972 MBR order listed a different tenant for apartment 5W. Tenants claimed this was an error. The DRA ruled against landlord, and landlord appealed. The DHCR again ruled against landlord. Landlord admitted that, by prior DHCR order, apartment 5W was rent-controlled. No statutory decontrol report was ever filed for apartment 5E. Tenant husband also showed other proof that he'd lived in apartment 5E since before 1971. An inspection showed that both apartments were occupied as a single residence. And the fact that Con Ed bills for apartment 5E had been switched from one tenant's name to the other's in 1969 didn't prove there was a vacancy.

Wyncott Group, Ltd.: DHCR Adm. Rev. Dckt. No. GK420162RO (7/17/98) [3-page document]