Landlord Proved Apartment Was Vacancy-Deregulated Before Tenant Moved in

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment had been vacancy-deregulated six years before tenant moved in. Tenant appealed and lost. Tenant claimed that landlord filed false registration information. The DHCR disagreed, based on DHCR registration records and tenant's lease records. A prior tenant signed a renewal lease starting Sept. 1, 2003, at a legal regulated rent (LRR) of $1,377 per month. This matched 2004 DHCR rent registration information for the apartment. The next tenant signed a one-year vacancy lease starting May 1, 2004, at a legal rent of $1,611 per month. Two subsequent renewal lease correctly charged $1,667 and $1,713 respectively and were reflected in the 2006 and 2007 rent registrations. The next lease was an unregulated vacancy lease starting April 1, 2007 at a rent of $2,004, based on a 17 percent vacancy increase. This rent exceeded the vacancy deregulation threshold of $2,000 then in effect. 

Gilbo: DHCR Adm. Rev. Docket No. KP410011RT (12/14/22)[3-pg. document]