DHCR Won't Decide Landlord Application to Determine Whether Apartment Is Deregulated

January 26, 2018
LVT Number: #28185

Landlord asked the DHCR to determine whether a particular apartment was exempt from rent stabilization. Landlord claimed that the apartment should be exempt based on high-rent deregulation. The DRA dismissed the application without making any decision. Landlord appealed and lost. The DRA acted properly by terminating the proceeding without action. An apartment is deregulated based on high-rent vacancy deregulation by operation of law if the facts warrant deregulation. No application to the DHCR is provided for or required to effect high-rent vacancy deregulation.

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City 5 Consulting: DHCR Adm. Rev. Docket No. FQ210009RO (11/17/17) [2-pg. doc.]