Landlord Proved Apartment Was Lawfully Deregulated in 2007

Tenant complained to the DHCR of rent overcharge in 2020 and claimed his apartment had been illegally deregulated. The DRA ruled against tenant, who appealed and lost. Landlord submitted the last rent-stabilized lease from 2006, and proof of individual apartment improvements (IAIs) performed in 2006-2007. This included sworn statements from the landlord, building super, and contractor that itemized the scope of the work performed and acknowledged payment of $39,000. This was sufficient proof of IAIs done more than 13 years before tenant's complaint was filed. And citing Boyd v. DHCR (2014), the DHCR noted that, "the agency need not hold the owner to the same standard of proof for IAIs that occur prior to the standard rent review period as opposed to those IAIs that occur within it."

Torres: DHCR Adm. Rev. Docket No. MW210007RT (5/27/25)[3-pg. document]