Landlord Proved Apartment Was Lawfully Deregulated

LVT Number: #32148

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that her rent wasn't subject to rent stabilization. Tenant appealed and lost. The DRA had reviewed records going back before the four-year based date and found that the legal rent had gone over the vacancy deregulation threshold before tenant moved in. The DHCR also found tenant's claim of rent fraud to have no merit. Pre-base date rent increases between 1984 and 1994 were insufficient proof of a fraudulent scheme to deregulate.

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that her rent wasn't subject to rent stabilization. Tenant appealed and lost. The DRA had reviewed records going back before the four-year based date and found that the legal rent had gone over the vacancy deregulation threshold before tenant moved in. The DHCR also found tenant's claim of rent fraud to have no merit. Pre-base date rent increases between 1984 and 1994 were insufficient proof of a fraudulent scheme to deregulate. Landlord also submitted proof to support a 2008 rent increase for individual apartment improvements (IAIs). 

Tsegai: DHCR Adm. Rev. Docket No. JT410027RT (6/15/22)[4-pg. document]

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