The media is abuzz about the fact that Congressman Charles B. Rangel -- Chairman of the Committee on Ways and Means, Chairman of the Board of the Democratic Congressional Campaign Committee and Dean of the New York State Congressional Delegation -- has four Harlem-based rent-stabilized apartments (and is supposedly using one of those units as a campaign office).
Hate to disappoint you folks, but we're thinking this whole "scandal" may be much ado about nothing.
A regulated tenant is permitted to have multiple apartments, as long as it can be shown that the units are being utilized as that tenant's principal or "primary" residence.
"Primary" residence can be established in a number of different ways and, to many owners' chagrin, is a pretty malleable standard. The law requires that tenants have an "ongoing, substantial, physical nexus with the premises for actual living purposes as demonstrated by objective, empirical evidence."
In other words, the tenant really has to live in (or use) the space.
Do the units have to be connected or even on the same floor? Absolutely not.
Can one of the units be used as an "office?" Yes, as long as the tenant is not violating local zoning ordinances (such as New York City's "home occupation" law, which places limits on the number of square feet that can be utilized and the kind of commercial activity one may undertake within his/her own home).
Whether or not the Congressman is is engaged in "commercial activity" violative of local law is certainly an interesting question. And one best left for the courts -- not the media -- to decide.
To view a New York Times piece on the topic, please use this link: For Rangel, Four Rent- Stabilized Apartments
To view our other posts on the topic, please use this link: Non-Primary Residence