Tenant Moved to Deregulated Apartment in Landlord's Other Building

LVT Number: #30245

Tenant complained of rent overcharge, improper deregulation of her apartment, and failure to offer a rent-stabilized lease. The DRA ruled against tenant, who appealed and lost. Tenant had lived in a rent-stabilized apartment in another building owned by landlord. Tenant complained repeatedly about leaks in that apartment. Landlord then offered tenant a different apartment in another building at a legal rent of $2,378 and preferential rent of $1,500. The lease for the new apartment stated that the apartment was deregulated and had been vacancy-deregulated in 2009. There was no separate agreement stating that tenant would remain rent stabilized or that future rent increases would be based on $1,500. And there was no separate agreement outlining the circumstances surrounding tenant's move from one apartment to another. Since there was no proof that the apartment transfer was at landlord's request or for landlord's benefit, tenant couldn't claim that she remained rent stabilized after she changed apartments. [Download PDF of decision here.]

Paprica: DHCR Adm. Rev. Docket No. GV410032RT (5/31/19) [4-pg. doc.]