Newly Created Apartment with High Rent Was Exempt from Stabilization

LVT Number: #28471

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that his apartment was exempt from rent stabilization. Tenant appealed and lost. Tenant's apartment was newly created in 2004, and the initial rent of $2,500 per month for that apartment exceeded the high-rent vacancy deregulation in effect at the time. The rent charged to tenant on the base rent date four years before the complaint was filed was $2,750, also above the deregulation threshold in effect at that time.

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that his apartment was exempt from rent stabilization. Tenant appealed and lost. Tenant's apartment was newly created in 2004, and the initial rent of $2,500 per month for that apartment exceeded the high-rent vacancy deregulation in effect at the time. The rent charged to tenant on the base rent date four years before the complaint was filed was $2,750, also above the deregulation threshold in effect at that time. Landlord also submitted sufficient proof that former apartments A1 and A2 had been combined into one new apartment. 

Correa: DHCR Adm. Rev. Docket No. FR410017RT (4/24/18) [4-pg. doc.]

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