Apartment Deregulated Before Tenant Moved In

LVT Number: #22932

Tenant complained of a rent overcharge in February 2009. When he moved into the apartment in September 2005, the rent was $1,750 per month. The DRA ruled against tenant because the legal regulated rent for the apartment when tenant moved in was more than $2,000 per month. Tenant appealed and lost. Landlord proved, through an exit registration filed with the DHCR and other documents, that the apartment had been deregulated due to high-rent vacancy before tenant moved in. Tenant wasn't subject to rent stabilization.

Tenant complained of a rent overcharge in February 2009. When he moved into the apartment in September 2005, the rent was $1,750 per month. The DRA ruled against tenant because the legal regulated rent for the apartment when tenant moved in was more than $2,000 per month. Tenant appealed and lost. Landlord proved, through an exit registration filed with the DHCR and other documents, that the apartment had been deregulated due to high-rent vacancy before tenant moved in. Tenant wasn't subject to rent stabilization.

Essmann: DHCR Adm. Rev. Docket No. XG410080RT (7/28/10) [2-pg. doc.]

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