1998 (see Respondent's Notice of Motion, Exhibit H). In 1999 the owner registered
respondent's apartment with DHCR as temporarily exempt pursuant to Rent Stabilization Code
("RSC") § 2520.11 (m) based on its claim that the superintendent was then occupying the
apartment (id.).[FN2]
In or around 2001, the superintendent moved from the subject apartment to another unit in
the building. Then, in April of 2001 petitioner purportedly entered into a one-year lease for the
period May 2001 through April 2002 with Ronald Crump ("Crump") for the subject premises.
The lease set the rent at $950 and has a hand written notation stating "see rider attached"
(see Respondent's Notice of Motion, Exhibit G; Petitioner's Opposition, Exhibit A) An
unsigned rider was annexed which provided for a rent of $2000.00 with a preferential rent of
$950.00 (id.). The next purported lease provided to the court was with Crump for the
period May 2004 through April 2005. This lease indicated a monthly rent of $1000 with a legal
rent of $2221.60 written on the bottom (see Petitioner's Opposition, Exhibit
A).[FN3] Petitioner has also
provided a lease between it and [*3]Crump for the period May
2005 through April 2006 (id.). This lease indicated a monthly rent of $1025 with the
phrase "Legal Rent $2221.60" written below (id.).
Shortly after commencement of Crump's last lease for the subject unit, petitioner entered into
a lease with respondent. Said lease is dated July 12, 2005 and ran for the period August 2005
through August 2006 and provided for a rent of $1050. The lease indicated on the bottom
"Exempt Unit Legal Rent $2628.52" (see Petitioner's Opposition, Exhibit A). The lease
was renewed on June 14, 2006 for the period August 2006 through July 2007, again at $1050 per