Apartment Was Properly Vacancy Deregulated in 2008
LVT Number: #31596
Tenant complained to the DHCR in 2018 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, who appealed and lost. The apartment had been legally deregulated in June 2008 due to high-rent vacancy. The previous rent-stabilized tenant, whose last rent was $1,675.36 per month had been evicted. When tenant moved in, landlord added a vacancy increase, which resulted in a legal rent of $2,001 per month. This action deregulated the unit. It didn't matter that landlord charged tenant a lower rent of $1,562 when he moved in. High-rent vacancy deregulation applied even though tenant was charged less than the applicable rent amount that deregulated the apartment. Landlord also correctly filed an exit registration the following year, effective April 1, 2009, reflecting the deregulation that occurred in June 2008 when tenant moved in. There was no requirement to file the exit registration before tenant's occupancy because the deregulation occurred after April 1, 2008. The 2008 annual registration correctly reflected that the apartment's status as of April 1, 2008, was rent stabilized.
English: DHCR Adm. Rev. Docket No. IX410005RT (7/8/21)[4-pg. document]