Tenant Subject to Deregulation Despite Prior Stipulation

LVT Number: 10947

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord, since tenant's monthly stabilized rent was greater than $2,000 and because tenant's household income was greater than $250,000 in each of the prior two years. Tenant appealed, claiming that a prior court decision gave tenant the right to continued protection under rent stabilization. The DHCR ruled against tenant. The court agreement gave tenant's family members the right to live in the apartment as long as tenant remained in the apartment as his primary residence.

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord, since tenant's monthly stabilized rent was greater than $2,000 and because tenant's household income was greater than $250,000 in each of the prior two years. Tenant appealed, claiming that a prior court decision gave tenant the right to continued protection under rent stabilization. The DHCR ruled against tenant. The court agreement gave tenant's family members the right to live in the apartment as long as tenant remained in the apartment as his primary residence. The court agreement didn't give tenant any special rights under rent stabilization.

Sussman: DHCR Admin. Rev. Dckt. No. JC410144RT (7/1/96) [4-page document]

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