Luxury Deregulation Application Dismissed

LVT Number: #26915

Landlord applied for high-rent/high-income deregulation of tenant’s apartment in 2011. The DRA dismissed the case because the apartment was previously deregulated by a prior DHCR order. Landlord appealed and lost. The prior deregulation order for the apartment was issued by the DRA on Oct. 17, 2014. The DRA stated in the new decision that no PAR had been filed by tenant to appeal the prior deregulation order. Landlord said that this was incorrect. Although landlord was right, the tenant’s PAR of the prior deregulation order was later denied in December 2015.

Landlord applied for high-rent/high-income deregulation of tenant’s apartment in 2011. The DRA dismissed the case because the apartment was previously deregulated by a prior DHCR order. Landlord appealed and lost. The prior deregulation order for the apartment was issued by the DRA on Oct. 17, 2014. The DRA stated in the new decision that no PAR had been filed by tenant to appeal the prior deregulation order. Landlord said that this was incorrect. Although landlord was right, the tenant’s PAR of the prior deregulation order was later denied in December 2015. So the apartment was already deregulated and there was no need for the DHCR to rule on landlord’s 2011 deregulation application.

 

905 West End Avenue Associates LLC: DHCR Adm. Rev. Docket No. DS410036RO (2/3/16) [3-pg. doc.]

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