Unit Rented for $825 per Month After Super Vacated

January 1, 2003

LVT Number: 16343

Landlord asked the DHCR if an apartment became deregulated after it was exempt for building super occupancy for more than four years. Landlord charged new tenant $825, but claimed the market rent for the apartment was over $2,000 per month. In an opinion letter, the DHCR said that the apartment wasn't deregulated. Landlord clearly was entitled to charge a first rent after the super moved out. But since the rent landlord charged and tenant paid was below $2,000 per month, the apartment was rent stabilized.

Landlord asked the DHCR if an apartment became deregulated after it was exempt for building super occupancy for more than four years. Landlord charged new tenant $825, but claimed the market rent for the apartment was over $2,000 per month. In an opinion letter, the DHCR said that the apartment wasn't deregulated. Landlord clearly was entitled to charge a first rent after the super moved out. But since the rent landlord charged and tenant paid was below $2,000 per month, the apartment was rent stabilized.

DHCR Opin. Ltr. by Charles Goldstein (10/30/02) [2-pg. doc.]

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