Tenant's Apartment Was Properly Vacancy Deregulated in 2003

LVT Number: #32729

Tenant complained to the DHCR that she had been overcharged and that her apartment was improperly deregulated. The DRA ruled against tenant and dismissed the complaint. Tenant appealed and lost. Landlord proved that the apartment was legally and permanently exempted from rent stabilization because the legal regulated rent exceeded the vacancy deregulated threshold of $2,000 when the unit became vacant in 2003. The last rent-stabilized lease for the apartment ran for a two-year term between July 16, 2001, and July 31, 2003, at a legal rent of $1,988.64 per month.

Tenant complained to the DHCR that she had been overcharged and that her apartment was improperly deregulated. The DRA ruled against tenant and dismissed the complaint. Tenant appealed and lost. Landlord proved that the apartment was legally and permanently exempted from rent stabilization because the legal regulated rent exceeded the vacancy deregulated threshold of $2,000 when the unit became vacant in 2003. The last rent-stabilized lease for the apartment ran for a two-year term between July 16, 2001, and July 31, 2003, at a legal rent of $1,988.64 per month. The next vacancy lease contained a legal rent of $2,028.41. So the apartment was vacancy deregulated at that point, which was before the complaining tenant moved in.

Lukic: DHCR Adm. Rev. Docket No. LP410001RT (7/12/23)[3-pg. document]

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