Rent Overcharge Claim Dismissed

LVT Number: #30143

Tenant complained of unlawful apartment deregulation and rent overcharge. The DRA ruled against tenant, finding that the apartment was lawfully deregulated due to a high-rent vacancy in 2009, prior to the base rent date. Tenant moved into the apartment after that, in September 2015. Tenant appealed and lost. The apartment rent became vacant before June 24, 2011, with a monthly legal rent of $2,000 or more. There were no indicia of fraud warranting further rent history review, and the apartment was properly deregulated as of the base rent date.

Tenant complained of unlawful apartment deregulation and rent overcharge. The DRA ruled against tenant, finding that the apartment was lawfully deregulated due to a high-rent vacancy in 2009, prior to the base rent date. Tenant moved into the apartment after that, in September 2015. Tenant appealed and lost. The apartment rent became vacant before June 24, 2011, with a monthly legal rent of $2,000 or more. There were no indicia of fraud warranting further rent history review, and the apartment was properly deregulated as of the base rent date.

Matthews: DHCR Adm. Rev. Docket No. GO410048RT (3/14/19) [4-pg. doc.]

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