Landlord Doesn't Prove High-Rent Vacancy Deregulation of Apartment

Tenant complained of a reduction in services. The DRA ruled for tenant based on landlord's failure to answer the complaint, and reduced tenant's rent. Landlord appealed and lost. Landlord claimed that it had filed an answer advising the DRA that tenant's apartment had been deregulated by high-rent vacancy before tenant moved in in November 2011. The DRA had sent landlord two notices of tenant's complaint, and landlord had no proof of filing of its answer. In May 2012, landlord filed an apartment registration update for tenant's apartment, claiming that tenant's apartment was exempt based on high-rent vacancy effective Nov. 11, 2011. But landlord's updated registration statement was insufficient to establish that the apartment had been deregulated.

Ocean 483 LP: DHCR Adm. Rev. Docket No. AS210029RO (12/3/13) [2-pg. doc.]