Unit Covered

Freeport, Long Island, tenant complained of a rent overcharge. The DRA asked landlord to submit a rent history, but landlord couldn't do so. Landlord argued that he'd bought the building seven months before and didn't have copies of prior leases. Landlord also claimed that tenant's apartment was exempt from EPTA coverage as a Section 8 moderate rehabilitation apartment. The DRA ruled for tenant, based on landlord's default. Landlord appealed, again arguing that the apartment was exempt from EPTA coverage. The DHCR ruled for tenant, finding that tenant's apartment had never lost its EPTA coverage. Thirteen of the 21 apartments in the building had gotten a waiver from EPTA coverage for 15 years, during which time they were under the jurisdiction of the Office of Housing and Government Affairs and the NYS Housing Finance Agency, But tenant's apartment wasn't one of those 13.

Mott: DHCR Adm. Rev. Dckt. No. FA 710050-RO (12/6/94) [7-page document]