Tenant Not Entitled to Rent-Stabilized Renewal Lease

Tenant filed a lease violation complaint with the DHCR, claiming that landlord failed to offer him a renewal lease and asked that he move to a different apartment in the building. Landlord argued that the apartment had been deregulated in 2006 based on high-rent vacancy deregulation. The DRA ruled against tenant, who appealed and lost. Under Rent Stabilization Code Section 2520.11(r)(4), apartments that became or become vacant on or after June 19, 1997, but before June 24, 2011, with a legal regulated rent of $2,000 per month or more aren’t subject to rent stabilization. In this case, landlord showed that the apartment’s legal regulated rent was more than $2,000 when a prior tenant moved in in 2006. Prior tenant’s lease contained a rider explaining how the rent was calculated. And even if the case of Altman v. 285 W. Fourth, LLC applied and prior tenant was still subject to rent stabilization, the next prior tenant who moved into the apartment in 2007 was deregulated even though the rent she was charged was less than $2,000. Tenant failed to present any proof that the apartment was not legally deregulated in 2006. 

Stevens: DHCR Adm. Rev. Docket No. EQ410002RK (10/5/16) [4-pg. doc.]