Landlord Proved Apartment Was Vacancy-Deregulated in 2010

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment had been deregulated in 2010. This was before tenant moved into the unit in 2013. Tenant appealed and lost. She claimed that there had been fraudulent rent increases, and that claimed preferential rents were actually legal regulated rents. But landlord had submitted copies of the last rent-stabilized lease with a previously registered rent of $1,799, as well as the subsequent December 2010 vacancy lease with a vacancy-deregulated rent of $2,105. The deregulation threshold in 2010 was $2,000. Tenant's mere allegation of fraud was insufficient to support a claim of a fraudulent scheme to deregulate an apartment. DOB violations on the building and/or apartment also aren't proof of fraud and don't invalidate the deregulation. And any issues raised by tenant concerning an alleged invalid Certificate of Occupancy must be addressed by DOB or in a court with jurisdiction. 

Gonzalez: DHCR Adm. Rev. Docket No. LU210010RT (1/22/24)[3-pg. document]