Apartment Rented to Prior Tenant for $2,000 or More per Month

LVT Number: 16613

Tenant asked the DRA to rule that her apartment was rent stabilized. On April 1, 2001, the apartment was vacant and the legal regulated rent was $1,487. Landlord showed that the apartment was rented to prior tenant for more than $2,000 per month on April 16, 2001. The DRA ruled against tenant and dismissed the complaint. Tenant appealed and lost. Prior tenant occupied the apartment under a one-year lease starting April 16, 2001, at a monthly rent of $2,025.

Tenant asked the DRA to rule that her apartment was rent stabilized. On April 1, 2001, the apartment was vacant and the legal regulated rent was $1,487. Landlord showed that the apartment was rented to prior tenant for more than $2,000 per month on April 16, 2001. The DRA ruled against tenant and dismissed the complaint. Tenant appealed and lost. Prior tenant occupied the apartment under a one-year lease starting April 16, 2001, at a monthly rent of $2,025. The vacancy deregulation became permanent and wasn't affected by the fact that tenant rented the apartment for less than $2,000 per month.

Weiner: DHCR Adm. Rev. Dckt. No. QL420029RT (4/30/03) [2-pg. doc.]

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