No Overcharge Where Apartment Was Properly Vacancy Deregulated

LVT Number: #30935

Tenant complained of improper apartment deregulation and rent overcharge. The DRA ruled against tenant, finding that the apartment was exempt from rent stabilization due to high-rent vacancy deregulation in 2011. Tenant appealed and lost. The DRA reasonably found that landlord proved it performed individual apartment improvements (IAIs) costing over $58,000. Landlord submitted affidavits and invoices. DHCR inspection confirmed the work. Landlord also had registered the apartment contemporaneously since at least 1996 and proved the basis for a 16-year longevity increase.

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Keelan/Pellegrino: DHCR Adm. Rev. Docket No. HO410015RT (7/27/20) [6-pg. doc.]