Landlord Proved Rent Was Properly Deregulated

Unregulated tenant complained of rent overcharge and improper deregulation of her apartment. The DRA ruled against tenant, who appealed and lost. The base rent date for tenant's complaint was in October 2012. Tenant moved into the apartment in August 2014, under an unregulated lease with a rent of $1,295 per month. Landlord submitted to the DRA a pre-base date rent-stabilized lease showing that the rent-stabilized rent was $1,773 in April 2012. Landlord then showed that the applicable rent increase plus an additional rent increase for individual apartment improvements (IAIs) increased the legal rent to over $2,500. So the apartment became subject to vacancy deregulation at that point. Landlord proved the IAI costs of $22,675. Since landlord submitted sufficient documentation to prove that the rent level exceeded the deregulation threshold before tenant moved in, the DRA properly dismissed the complaint.

Arias: DHCR Adm. Rev. Docket No. GN410018RT (2/15/19) [3-pg. doc.]