Landlord Proved Apartment Was Deregulated Before Tenant Moved In

LVT Number: #30055

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DHCR ruled against tenant, finding that his apartment had been vacancy deregulated. Tenant filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against tenant. Contrary to tenant's claim, the DHCR relied on sufficient proof from landlord of individual apartment improvements (IAIs) made to the apartment before tenant moved in. The apartment was properly deregulated before tenant lived in the unit.

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Kostro v. DHCR: Index No. 158174/18, NYLJ No. 1553464896 (Sup. Ct. NY; 3/7/19; Edmead, J)