Landlord Proved Apartment Was Vacancy Deregulated in 2015
LVT Number: #32800
Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, finding that the apartment had been vacancy deregulated in 2013 and therefore wasn't subject to rent stabilization. Tenant appealed and lost. The DHCR found that individual apartment improvements (IAIs) made in 2013, along with an applicable 18.25 percent vacancy increase, brought the unit's legal rent up to $2,719.75 on the March 1, 2015, commencement date of the next vacancy lease. Since the vacancy deregulation threshold at that time was $2,500, the apartment was deregulated. The landlord had submitted contractor invoices, work proposals/contracts, and contemporaneous cancelled checks showing that the apartment was gut-renovated and that the work had been fully paid for.
Pavoni: DHCR Adm. Rev. Docket No. LQ210011RT (9/7/23)[5-pg. document]