Apartment Was Rent Stabilized Absent Proof of Deregulation

Tenant complained to the DHCR in 2018 of rent overcharge and improper deregulation of her apartment. The DRA found no overcharge but did find that the apartment was rent stabilized. Landlord had failed to register the unit from 2015 to 2022, and was directed to file missing registrations. Landlord appealed and lost. Tenant moved into the apartment without a lease in 2004. The original lease offered to tenant in 2005, as well as a 2015 renewal lease, were rent stabilized. Landlord offered no proof that the apartment was lawfully deregulated prior to the complaining tenant's occupancy. The fact that landlord registered the apartment as exempt effective April 1, 2007, which was during the complaining tenant's occupancy, at a legal regulated rent of $2,228 per month wasn't sufficient, by itself, to prove the claimed deregulation.

Fred Ellis Living Trust: DHCR Adm. Rev. Docket No. LR410017RO (10/16/23)[2-pg. document]