Landlord Proved Apartment Was Deregulated
LVT Number: #31354
Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. Landlord asserted that the apartment was deregulated in 2009 when the rent was increased from $1,893 to $2,196 after application of a 16 percent vacancy increase. The DRA ruled against tenant, who appealed and lost. Landlord had shown the DRA that the apartment rent exceeded the vacancy deregulation threshold of $2,000 before tenant moved into the unit in 2016. Tenant argued that the DRA should have examined why the apartment rent increased 68 percent, from $934 to $1,571 in 2006. But tenant's mere allegation that there was an illegal rent increase in 2005-2006, three years before the lawful apartment deregulation and eight years before the base rent date resulting from tenant's complaint, didn't make the prior rent increase subject to review. A mere allegation of fraud, without more, was insufficient to warrant review of pre-base date rental events.
Lusardi: DHCR Adm. Rev. Docket No. IS410026RK (3/2/21) [3-pg. doc.]