No Pre-Base Date Rent History Investigation Permitted for Deregulated Unit

Tenant complained of rent overcharge and improper deregulation of his apartment, which she claimed was rent stabilized. The DRA ruled against tenant, who appealed and lost. Landlord deregulated the apartment based on high-rent vacancy deregulation in 2006 and gave a deregulation notice to the next tenant. Prior tenant signed the deregulation and acknowledged that the rent included an increase for individual apartment improvements (IAIs). This occurred more than seven years before the base rent date applicable to tenant's complaint, so the DRA properly dismissed the complaint. DHCR wasn't authorized to investigate the apartment's rent history seven years prior to the base date and 12 years after a deregulation notice was signed by prior tenant. High-rent vacancy deregulation is specifically excluded from any exception to the four-year rule outlined in Rent Stabilization Code Section 2526.1(a)(2)(iii). And this case didn't involve an exception to the four-year rule involving improper deregulation while an owner received J-51 tax benefits.

Engelbert: DHCR Adm. Rev. Docket No. GO410050RT (12/4/18) [4-pg. doc.]